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Karnataka High Court Dismisses Writ Petition Challenging Lok Adalat Compromise Decree in Partition Suit: Third Party Not Permitted to Invoke Article 226 Against Lok Adalat Award. Writ Remedy Not Available to Strangers to Decree; Proper Recourse Is to File a Separate Suit for Declaration and Partition.

The writ petition was filed under Articles 226 and 227 of the Constitution of India by five individuals claiming to be members of the same family as t...

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Karnataka High Court Considers Writ Petition Against Rejection of Obstruction Application in Execution Proceedings. Execution Court Dismissed Application Under Order XXI Rule 97 Without Enquiry, Allegedly Violating Order XXI Rule 101 CPC.

The petitioner, a third party objecting to the execution of a decree for vacant possession, challenged the order of the Principal Civil Judge and JMFC...

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Bombay High Court Allows Writ Petition in Specific Performance Suit — Ex-parte Decree Restored Due to Valid Service of Summons. Service by affixture at last known address under Order 5 Rule 20 CPC held valid despite bailiff's report of 'left premises'.

The petitioners, original plaintiffs, filed a suit for specific performance against the respondent/defendant based on an agreement dated 4th April 199...

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Bombay High Court Allows Civil Revision Application Filed by Original Plaintiff Against Order Setting Aside Ex-Parte Decree — Defendant Failed to Show Sufficient Cause for Absence. Litigant Must Inform Court or Advocate of Change of Address and Cannot Blame Advocate for Non-Appearance.

This civil revision application under Section 115 of the Code of Civil Procedure, 1908 arose from an order of the City Civil Court, Greater Mumbai, wh...

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Bombay High Court Extends Time for Payment Under Section 148 CPC Despite Plaintiff's Objection in Consent Decree Default Case. Court holds that Section 148 CPC empowers the court to extend time for payment in a consent decree for reasonable cause, even without the consent of the decree-holder.

The case arises from a Notice of Motion filed by the Defendants (Applicants) to set aside an ex parte decree dated 19 December 2012 in Summary Suit No...

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Bombay High Court Allows Landlord's Petition in Landlord-Tenant Dispute — Substituted Service Upheld Under Order 5 Rule 20 CPC. Exparte Decree Restored as Tenant Failed to Show Sufficient Cause for Non-Appearance.

The case involves a landlord-tenant dispute over a room in Mumbai. The original petitioner (landlord) filed a suit for possession against the original...

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Bombay High Court Allows Landlords' Writ Petition in Rent Control Eviction Case — Ex Parte Decree Restored. Tenant Failed to Show Sufficient Cause for Absence Under Order 9 Rule 13 CPC; Decree for Possession on Grounds of Default, Subletting, and Profiteering Under Bombay Rent Act Upheld.

The petitioners, landlords of the suit premises, filed a suit for possession against the tenant (respondent no.1) and alleged subtenants (respondent n...

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Bombay High Court Dismisses Appeal in Probate Case, Upholds Setting Aside of Ex Parte Decree Dismissing Caveat Due to Non-Service of Citation. The court held that the son of the testator was not served with citation, and the ex parte decree was rightly set aside subject to payment of costs.

The appellant, R.V. Bhasin, filed a probate petition (Petition No. 4 of 2003) in the Bombay High Court seeking probate of the Will and Codicil of his ...