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High Court of Bombay at Goa Upholds Executing Court's Order Directing Bank to Deposit Amount in Execution Proceedings — Review Dismissed. Bank's Challenge Under Article 227 Fails as Executing Court's Order Was Within Jurisdiction and Not Contrary to Law.

The petitioner, Dena Bank, was the defendant no.2 in Special Civil Suit No.100/2007 filed by the respondent no.1 (since deceased, represented by legal...

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Madras High Court Allows Revision Petition Filed by Judgment Debtors Against Execution Orders Passed During Pendency of Appeal with Delay Condonation Application. Executing Court's Orders Set Aside and Possession Restored as Execution Proceedings Were Premature and Without Jurisdiction.

The present Civil Revision Petition was filed by the petitioners, who were defendants in O.S.No.54 of 2010 on the file of the Subordinate Court, Valli...

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High Court of Karnataka Allows Appeals in Execution Proceedings — Auction Sale Set Aside for Non-Compliance with Order 21 Rule 95 CPC. Delivery of possession is a mandatory requirement for confirmation of sale under Order 21 Rule 95 of the Code of Civil Procedure, 1908.

The case involves two Regular First Appeals (RFA No. 557/2016 and RFA No. 558/2016) filed under Section 96 read with Order 41 Rules 1 and 2 of the Cod...

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Bombay High Court Dismisses Petition Challenging Demolition Order for Unauthorized Construction on Municipal Land. The court held that the petitioner had no legal right to the land and the demolition order was valid under the Mumbai Municipal Corporation Act, 1888.

The petitioner, Manish Estates Pvt. Ltd., filed a writ petition challenging the demolition order dated 6th October 2010 passed by the Deputy Chief Eng...

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High Court of Karnataka Allows Petitioner to File Written Statement Beyond 90 Days in Partition Suit. Order VIII Rule 1 CPC Held Directory, Not Mandatory — Trial Court's Rejection Quashed on Payment of Costs.

The petitioner, Sri S. Indushekhar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 25/11/202...

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High Court of Karnataka Sets Aside First Appellate Court's Decree and Restores Trial Court Dismissal; Adverse Possession Claim Fails as Plaintiff Did Not Admit Defendant's Title and Possession Was Not Hostile

The dispute concerned agricultural land bearing Sy.No.113 measuring 8 acres 84 cents in Bellary district. The original plaintiff Smt. Hampamma filed a...