Search Results for "Decree Holder"

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Search Results for "Decree Holder"

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High Court

High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration of Title and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

29 Jun 2026

The appellants (plaintiffs) filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree of t...

Supreme Court

Supreme Court Upholds Execution Court's Power to Extend Time for Deposit in Specific Performance Decree Despite Delay. Section 28 of Specific Relief Act, 1963 vests jurisdiction in the court executing the decree to extend time and reject rescission where decree-holder was ready and willing.

20 Sep 2024

The case arises from a suit for specific performance of an agreement to sell dated 18.05.2005. The trial court decreed the suit in part, directing ref...

Supreme Court

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.

23 Jul 2019

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...

Supreme Court

Supreme Court Allows Appeal in Execution Proceedings: Consent Decree Enforceable Despite Absence of Formal Decree. The Court held that a consent order under Order 23 Rule 3 CPC is a decree and executable even without a formal decree being drawn.

1 Jan 2019

The Supreme Court allowed the appeal filed by the appellant, Sir Sobha Singh And Sons Pvt. Ltd., against the judgment of the Delhi High Court. The dis...

High Court

High Court of Karnataka Allows Appeal in Execution Proceedings — Order XXI Rule 58 CPC Claim Dismissed as Not Maintainable Due to Prior Attachment and Lack of Possession. The court held that a claim petition under Order XXI Rule 58 CPC is not maintainable when the property was attached before judgment and the claimant was not in possession at the time of attachment.

23 May 2018

The appellant, Swamy H.L., filed a Regular Second Appeal under Section 100 CPC against the judgment and decree dated 19.09.2008 passed by the First Ap...

High Court

Bombay High Court Allows Execution Application for Sale of Partnership Property in Execution of Money Decree. Court holds that decree holder can attach and sell judgment debtor's interest in partnership assets without impleading the partnership firm as a party, under Order 21 Rule 49 CPC and Section 29 Partnership Act, 1932.

20 Apr 2018

The case involves a dispute between Shreyas Alias Ashok Narayan Pathare (plaintiff/judgment debtor) and CVK & Associates (defendant/decree holder). Th...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Auction Sale Under Maharashtra Co-operative Societies Act — Auction Purchaser Not Entitled to Set Aside Sale After Confirmation and Payment. Court Held That Once Sale Is Confirmed and Title Passes, the Sale Cannot Be Set Aside Merely Because of Irregularities, and the Remedy of the Judgment Debtor Is to Claim Damages, Not to Annul the Sale.

6 Apr 2018

The judgment pertains to a batch of writ petitions filed by auction purchasers and judgment debtors challenging the auction sale of a sugar factory co...

High Court

Bombay High Court Allows Decree Holder's Petition in Eviction Decree Execution — Division Bench of Small Causes Court Exceeded Revisional Jurisdiction by Remanding Matter for Proposal to Remove Structure. The decree had attained finality up to the Supreme Court, and the executing court's order directing restoration of vacant possession was proper; the revisional court's interference was unwarranted.

10 Oct 2017

The petitioner, Mrs. Vranda G. Pai, is the decree holder in an eviction decree dated 2nd December 2006, which had attained finality up to the Supreme ...

High Court

Bombay High Court Allows Revision Against Execution Order in Compromise Decree Dispute — Payment of Rs.6 Lakhs Under Clause 4 of Compromise Allegedly Satisfied, Execution Held Not Maintainable Under Section 47 CPC. The court set aside the order of the executing court and directed fresh consideration of the objection regarding satisfaction of decree.

11 Feb 2014

The case involves a civil revision application filed by Sheshrao Tambe (judgment debtor) against an order dated 23.10.2013 passed by the Civil Judge, ...

High Court

Bombay High Court Allows Execution Petition for Specific Performance Despite Delay, Holding Limitation for Execution Runs from Date of Decree Becoming Final. The court clarified that under Article 136 of the Limitation Act, 1963, the 12-year period for execution of a decree for specific performance commences from the date the decree becomes final, not from the date of the decree.

13 Jun 2013

The petitioner, the original plaintiff in Special Civil Suit No.1208 of 1994, filed a suit for specific performance of an Agreement of Sale dated 25th...

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