Search Results for "Section 47 CPC"

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High Court of Karnataka Allows Revision Petition in Execution Proceedings for Specific Performance — Decree Holder Entitled to Enforce Compromise Award Despite Judgment Debtor's SC Status. Executing Court Cannot Go Behind Decree to Question Its Validity Under Karnataka SC/ST (PTCL) Act, 1978.

The petitioner, Shri Rahees Ahmed, was the decree holder in a suit for specific performance of an agreement of sale dated 10.01.2011 in respect of lan...

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Bombay High Court Dismisses Decree Holders' Challenge to Executing Court's Order Permitting Objector to Lead Evidence in Execution Proceedings. Executing Court Has Discretion to Allow Oral Evidence Under Order 21 Rule 105 CPC When Objector Raises Substantial Questions Regarding Executability of Decree.

The petitioners, decree holders, filed two writ petitions challenging identical orders passed by the Court of Joint Civil Judge, Senior Division, Nagp...

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High Court of Bombay at Goa Dismisses Writ Petition Challenging Execution Proceedings — Section 47 CPC Application Properly Rejected as Decree Was Executable Against Judgment Debtors.

The petitioners, original judgment debtors, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 29/01/2018...

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High Court of Bombay at Nagpur Dismisses Writ Petition Challenging Lok Adalat Award in Execution Proceedings. Lok Adalat Award Under Section 21 of Legal Services Authorities Act, 1987 Is Final and Binding and Cannot Be Challenged Under Section 47 CPC.

The petitioner, Dhanraj Dnyaneshwar Koche, along with respondent No.2, owned an agricultural field and entered into an agreement to sell it to respond...

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High Court of Bombay at Goa Dismisses Revision Against Execution Orders — Decree Holder Entitled to Possession Despite Alleged Non-Joinder of Necessary Parties. Execution Court Cannot Go Behind Decree; Objections Under Section 47 CPC Not Maintainable.

The applicants (judgment-debtors) filed a civil revision application challenging two orders dated 31/07/2018 and 30/10/2018 passed by the Senior Civil...

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Bombay High Court Allows Writ Petition Challenging Executing Court's Order for Re-delivery of Possession in Partition Suit — Executing Court Cannot Reopen Partition Once Effected by Collector Under Section 47 CPC.

The case arises from a partition suit (Special Civil Suit No. 80 of 1969) filed by the respondents against the petitioner. A decree for partition was ...

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Bombay High Court Dismisses Revision Against Rejection of Section 47 CPC Application in Arbitration Execution — Judgment Debtor Cannot Re-litigate Arbitral Award Validity in Execution Proceedings

The petitioner, M/s Sira Constructions, was the judgment debtor in an execution proceeding arising from an arbitral award passed under the Arbitration...

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Bombay High Court Allows Decree Holder's Petition Challenging Executing Court's Order Permitting Judgment Debtor to Raise Pre-Decree Payment Defence. Pre-decree payments cannot be set up in execution under Section 47 CPC as they ought to have been raised in the suit.

The petitioner, Paackinindia, a registered partnership firm, obtained a decree in Special Summary Suit No. 58 of 2008 against the respondent, VSR Food...

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Bombay High Court Allows Petition Under Article 227 Against Executing Court Order Setting Aside Ex-Parte Decree in Execution Proceedings. Executing Court Exceeded Jurisdiction by Reopening Decree Validity After It Had Become Final.

The petitioner, Yashwant Yadav Mhase, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 29.1.2004 passed...

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Bombay High Court Allows Third Party Claim in Execution Proceedings — Sets Aside Attachment of Property Based on Prior Agreement for Sale. Applicant's Ownership Established Through Agreement Dated 9.1.2002 and Possession Before Decree, Property Released from Attachment.

The present chamber summons was taken out by Bhagwant Kaur Suri, proprietor of M/s. Beekay Enterprises, seeking to set aside the warrant of sale and r...