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Supreme Court Allows Appeal in Family Property Dispute — High Court Exceeded Revisional Jurisdiction by Decreeing Suit Based on Admission Without Trial. Order under Order 12 Rule 6 CPC set aside as admission must be clear, unambiguous, and not require interpretation.

The present appeal arises from a family dispute over the sale proceeds of ancestral agricultural land. The respondent No.1 (plaintiff) filed a suit fo...

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Bombay High Court Allows Garnishee Order Against Respondent in Execution of Decree — Debt Acknowledged in Balance Sheets Constitutes Admission of Liability. The Court directed attachment and deposit of Rs. 17,40,82,984/- under Order XXI Rules 46 and 46A CPC, finding no real dispute under Rule 46-C.

The Applicant, Drive India Enterprises Solutions Ltd., is the Judgment Creditor in a decree dated 10th September 2018 against the Judgment Debtor, Hai...

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Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...

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Supreme Court Allows Appeal in Registration Act Case — Compromise Decree Not Requiring Registration. Compromise decree relating to suit property does not require registration under Section 17(2)(vi) of Registration Act, 1908.

The appeal arose from a judgment of the High Court of Madhya Pradesh at Indore Bench dated 13.02.2017, which dismissed the appellants' writ petition c...

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High Court of Karnataka Allows Regular First Appeals in Property Suit — Decree of Trial Court Set Aside for Non-Joinder of Necessary Parties. Suit for Partition and Separate Possession Held Not Maintainable Without Impleading All Co-Sharers Under Order 1 Rule 9 of CPC, 1908.

The judgment pertains to two Regular First Appeals filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated ...

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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...