Search Results for "Execution Proceedings"

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Supreme Court Allows Execution of Specific Performance Decree Despite Delay in Deposit of Balance Sale Consideration. Doctrine of Merger Applies When Appellate Court Confirms Trial Court Decree Without Modifying Time Limit.

The appellant, Surinder Pal Soni, filed a suit for specific performance of an agreement to sell dated 8 December 2003 for agricultural land in Panchku...

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Madras High Court Dismisses Appeal Against Grant of Probate in Will Dispute. Court Holds That Certified Copy of Will is Admissible as Secondary Evidence and Due Execution Proved Under Section 63 of Indian Succession Act, 1925.

The appeal arises from a judgment and decree dated 16.08.2024 passed by a learned Single Judge of the Madras High Court in T.O.S.No.21 of 2020, granti...

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Bombay High Court Grants Probate of Will After Rejecting Allegations of Unsound Mind, Undue Influence, and Unnatural Disposition. Execution Proved by Attesting Witnesses Despite Minor Inconsistencies; Burden of Proving Invalidity Not Discharged by Caveator Under Indian Succession Act, 1925.

The case involved a testamentary suit filed by the executors of the will of Rajendra Singh Kushwaha, who died in Mumbai on 18th December 2009. The pla...

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Karnataka High Court Hears Regular First Appeal Against Partition Decree. Trial Court Decreed Suit for Partition and Separate Possession, Determining Shares Among Legal Heirs of Gregory and Alphonsus Coelho.

The appeal arose from a suit for partition and separate possession filed by Ruth Lobo (plaintiff/first respondent) against the legal heirs of Gregory ...

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High Court of Karnataka Dismisses Appeal in Execution Proceedings — Upholds Rejection of Application to Set Aside Auction Sale Under Order 21 Rule 90 CPC. Judgment-Debtor Failed to Prove Material Irregularity or Substantial Injury from Alleged Inadequacy of Price.

The case arises from execution proceedings in Ex. No. 73/2004 pending before the Civil Judge (Sr. Dn.), Chickmagalur. The appellants, who are the lega...

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High Court of Karnataka Dismisses Revision Petition in Property Suit — Order 2 Rule 2 CPC Bar Not Applicable. Petitioner's claim of res judicata based on earlier execution proceedings fails as the suit is for different relief.

The petitioner, P.M. Gopi, filed a revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) against an order dated 5.9.2013 pass...