Search Results for "Execution Proceedings"

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Search Results for "Execution Proceedings"

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High Court

Bombay High Court Dismisses Writ Petition Challenging Execution Decree in Property Dispute — Court Holds That Execution Proceedings Cannot Be Reopened After Final Decree and That Objections Under Order 21 Rule 97 CPC Must Be Raised Before Executing Court, Not by Way of Writ Petition.

26 Feb 2015

The petitioners, who were legal representatives of the original judgment debtors, filed a writ petition under Article 226 of the Constitution of India...

High Court

Bombay High Court Dismisses Petition Challenging Restoration of Possession to Judgment-Debtor in Execution Dispute. Decree Holder Cannot Take Possession Without Execution Proceedings Under Order 21 CPC; Appellate Court Has Inherent Power Under Section 151 CPC to Restore Status Quo Ante.

28 Nov 2025

The petitioner, Amol Subashrao Deshpande, was the original plaintiff who filed a suit for declaration, removal of encroachment, possession, and injunc...

High Court

Bombay High Court Dismisses Second Appeal in Execution Proceedings — Third Party Objections Rejected for Lack of Evidence. Appellants failed to prove independent possession prior to attachment under Order 21 Rule 97 CPC, resulting in dismissal of objections and restoration of possession to decree holder.

18 Dec 2014

The case arises from execution proceedings initiated by Respondent No. 1 (decree holder) against Respondent No. 2 (judgment debtor). The appellants, c...

High Court

Bombay High Court Allows Impleadment of Assignee in Execution Proceedings Despite Right of Pre-emption Claim. Assignee of share in suit property entitled to be brought on record under Order 1 Rule 10 CPC, independent of pre-emption rights under consent terms.

16 Jul 2014

The applicant, Nipun Thakkar, filed Chamber Summons No. 524 of 2013 seeking impleadment as a party in Execution Application (L) No. 370 of 2012 in Sui...

High Court

Bombay High Court Allows Civil Revision Application in Execution Proceedings — Decree Holder Cannot Seek Execution Against Legal Representatives Without Proper Substitution. The court held that execution against legal representatives of a deceased judgment-debtor without substituting them in place of the deceased is not maintainable under Order 21 Rule 22 of the Code of Civil Procedure, 1908.

14 Feb 2014

The case involves a civil revision application filed by the legal representatives of the original defendant (Sukhlal Bhivsan Dhobi) against the decree...

High Court

Bombay High Court Dismisses Writ Petition Challenging Restoration of Possession to Judgment-Debtor — Decree Holder Cannot Take Possession Without Execution Proceedings. The appellate court's inherent power under Section 151 CPC to restore possession was upheld as the decree holder's self-help dispossession was illegal.

28 Nov 2025

The petitioner, Amol Subashrao Deshpande, was the original plaintiff who filed a suit for declaration, removal of encroachment, possession, and injunc...

High Court

High Court of Judicature at Bombay Dismisses Insolvency Petition Under Presidency-Towns Insolvency Act, 1909 — Debtor Fails to Prove Inability to Pay Debts as Maintenance Order Under Hindu Marriage Act, 1955 Does Not Constitute a Debt Under Insolvency Act

20 Nov 2025

The petitioner, Mehul Jagdish Trivedi, filed an insolvency petition under Section 14 of the Presidency-Towns Insolvency Act, 1909, seeking to be decla...

Tribunals

National Consumer Redressal Commission Dismisses Builder's Appeals Against Execution Orders for Non-Compliance with Final Orders. Failure to Comply with State Commission's Directions Leads to Dismissal with Costs.

10 Jun 2025

The judgment pertains to two appeals filed by M/s Utkal Realtors Pvt. Ltd. against orders dated 22.06.2023 passed by the State Consumer Disputes Redre...

Tribunals

National Consumer Disputes Redressal Commission Allows Appeal in Execution Proceedings — Settlement Reached Between Parties, No Further Payments Due. The Commission held that in view of the settlement, the execution application stood satisfied and no further amounts were payable by the judgment debtors to the decree holder.

12 Aug 2025

The case pertains to an appeal filed by the judgment debtors (appellants) against an order dated 19.11.2024 passed by the State Consumer Disputes Redr...

High Court

High Court of Karnataka Quashes Execution Order Against Insurance Company in Workers' Compensation Case — Attachment of Bank Account Without Notice Under Order 21 Rule 22 CPC Held Illegal. The court held that mandatory notice under Order 21 Rule 22 CPC must be issued before executing an ex parte decree, and failure to do so vitiates the attachment order.

7 Jul 2023

The petitioner, The New India Assurance Company Ltd., challenged an order dated 19.04.2023 passed by the II Additional Senior Civil Judge and JMFC, Ra...

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