Search Results for "Execution Proceedings"

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Search Results for "Execution Proceedings"

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Supreme Court

Supreme Court Upholds Executability of Specific Performance Decree Despite Delay in Deposit of Balance Consideration. Non-Deposit Within Stipulated Time Does Not Automatically Render Decree Inexecutable; Judgment-Debtor Must Seek Rescission Under Section 28 of Specific Relief Act, 1963.

6 May 2026

The case involves a dispute over the execution of a decree for specific performance of an agreement to sell agricultural land. The appellant, Habban S...

High Court

Bombay High Court Dismisses Probate Suit for Alleged Will of 1975 Due to Non-Prosecution and Failure to Prove Execution. The court held that the propounder must prove due execution and attestation under Section 63 of the Indian Succession Act, 1925, and failure to lead evidence results in dismissal.

10 Oct 2017

The suit was filed by the plaintiffs, who were great grandsons and other relatives of the deceased, seeking probate of an alleged Will dated 3rd Janua...

High Court

Bombay High Court Dismisses Judgment Debtor's Objection to Execution of Decree Based on Jurisdictional Challenge Under Section 39(4) CPC. Court Holds That Section 39(4) CPC Does Not Bar Execution by the Court That Passed the Decree When the Property Is Situated Outside Its Local Limits.

20 Apr 2005

The present chamber summons arose out of a suit filed by ICICI Ltd, as Debenture Trustees, against Kothri Industrial Corporation Ltd and others for re...

High Court

Bombay High Court Upholds Will in Testamentary Suit — Dismisses Caveat by Other Heirs. Will dated 3rd December 1988 executed by deceased Hiroo @ Hiraji Laxman Jadhav proved as last Will and Testament; letter of administration granted to plaintiffs.

22 Dec 2016

The case involves a testamentary dispute concerning the Will of Hiroo @ Hiraji Laxman Jadhav, who died on 3rd December 1988. The plaintiffs, Subhash H...

High Court

Madras High Court Hears Appeal Against Partition Decree in Joint Family Property Suit. Appeal Filed Under Section 96 of CPC Seeks to Set Aside Decree Granting 1/4th Share to Plaintiff in Intestate Succession Case.

6 Jul 2026

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Tribunals

National Consumer Disputes Redressal Commission Dismisses Appeal on Execution in Consumer Dispute Over Delayed Possession of Real Estate Unit. State Commission's Order Dismissing Execution Application Upheld as No Grounds for Interference Made Out.

9 May 2025

The case involves an appeal on execution filed by Shellender Singh under Section 27-A of the Consumer Protection Act, 1986, challenging the order date...

High Court

Bombay High Court Allows Asset Disclosure Application Against Judgment Debtors Despite Suit Disposal — Order XXI Rule 41 CPC Applicable in Execution Proceedings. Court Rejects Functus Officio Argument and Holds That Existence of Security Does Not Bar Disclosure Order.

14 Jan 2019

The Plaintiff filed a suit for recovery of Rs.1.26 Crores against the Defendants, which was decreed by consent terms dated 14th June 2016, wherein the...

High Court

Bombay High Court at Goa Quashes Execution Stay Order in Property Dispute — Delay Condonation Application Not Maintainable Without Appeal. Held that an application for condonation of delay cannot be filed before the appeal is registered and that the appellate court cannot stay execution proceedings without hearing the decree-holder.

24 Aug 2018

The petitioner, Luis Antonio Romualdo Jesus de Maria Jose De Abreu (since deceased, represented by his LR Maria Do Ceu Abreu), obtained a judgment and...

Supreme Court

Supreme Court Allows Assignees' Claim in Execution Proceedings Under Order XXI Rule 16 CPC Based on Pre-Decree Assignment. The Explanation to Order XXI Rule 16, inserted by the Code of Civil Procedure (Amendment) Act, 1976, permits transferees of property rights to apply for execution without separate assignment, making the application under Section 47 CPC maintainable for adjudication of assignee rights.

21 Oct 2021

The dispute arose from a contract awarded by the Union of India to Surendra Nath Kanungo for extension work at Port Blair Airport. Kanungo assigned th...

High Court

Karnataka High Court Quashes Attachment Order Passed by Executing Court in Execution Case Involving Gratuity Amount. Gratuity Payable Under Payment of Gratuity Act, 1972 Held Exempt from Attachment Under Section 13 Even After Death of Employee.

23 Jul 2026

The present writ petition was filed under Article 227 of the Constitution of India challenging the order dated 03.06.2021 passed by the Principal Civi...

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