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Bombay High Court Allows Second Appeals in RERA Execution Case, Holding Order XXI Rule 32(5) CPC Applicable. The court set aside the Appellate Tribunal's order disallowing amendment to execution applications seeking construction by decree holders at promoter's cost.

The case involves five second appeals filed by allottees (Rajan Chandiramani, Jagruti Parikh and Anr., Priyanka Waghela, Srichand Makhija, and Jayesh ...

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Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Suit Challenging Compromise Decree. Interpretation of Kachhi Properties Judgment Clarified: No Automatic Stay of Execution Proceedings Upon Filing of Suit for Declaration that Decree is Void.

The Bombay High Court heard two appeals from orders rejecting temporary injunction applications. The first appeal (AO 884/2010) challenged an order da...

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High Court of Karnataka Allows Revision Petition in Execution Proceedings for Specific Performance — Decree Holder Entitled to Execute Decree Despite Judgment Debtor's Death. Order 22 Rule 12 CPC Provides That Execution Proceedings Do Not Abate by Reason of Death of Judgment Debtor.

The petitioner, Ashrafali, was the decree holder in O.S.No.38/2014 for specific performance of contract. The trial Court decreed the suit directing th...

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High Court of Bombay Dismisses Sole Executrix in Probate Petition Under Indian Succession Act Over Will's Validity. Failure to Prove Execution Under Section 68 of Evidence Act and Suspicious Circumstances Found Including Testator's Ill Health and Exclusion of Sons.

The litigation originated from an application for probate of an alleged will executed by Edakuda Panankandiyil Narayana Kurup, who passed away on 4 Se...