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Bombay High Court Allows Decree-Holder's Execution Against Pendente Lite Purchaser in Possession Suit. Held that a purchaser pendente lite is bound by the decree and can be dispossessed in execution under Order 21 Rule 35 CPC without a separate suit.

The petitioner, Kashinath Ramji Shinde (since deceased, represented by legal heirs), filed a suit in 1987 seeking possession, declaration, and mesne p...

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Bombay High Court Dismisses Second Appeal in Execution Objection Case — Upholds Summary Rejection of Objection Petition Under Order 21 Rule 97 CPC. Executing Court Not Required to Adjudicate Title When Objection is Frivolous and Collusive.

The appellant, Kamal W/o Vishwanath Jadhav, filed a second appeal challenging the judgment and decree dated 11.09.2025 passed by the first appellate C...

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Supreme Court Dismisses Union of India's Appeal Against Refusal to Condon 12-Year Delay in Restoration Application. Limitation Rules Apply Equally to Government; No Sufficient Cause Shown for Inordinate Delay.

The dispute originated from a lease deed executed in 1951 for a bungalow in Pune Cantonment. The respondent (landlord) filed a civil suit in 1981 for ...

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Bombay High Court Dismisses Revision Against Execution of Preliminary Decree Under Specific Relief Act — Preliminary Decree for Specific Performance Is Executable Without Separate Final Decree Proceedings

The petitioner, claiming to be Opponent No.4 in Regular Darkhast No.25/2009 pending before the Civil Judge, Junior Division, Pathardi, filed a Civil R...

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Bombay High Court Quashes Detention Order in Execution Proceedings for Non-Compliance with Procedural Requirements Under Order XXI Rule 32 CPC. Executing Court Failed to Consider Alternative Modes of Execution Before Ordering Civil Imprisonment for Breach of Injunction Decree.

The petitioners, Bhagwat Appa Chopade and others, were judgment debtors in Regular Darkhast No.59 of 1994 arising from a decree for perpetual injuncti...

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Bombay High Court Dismisses Judgment Debtor's Petition Challenging Auction Sale in Execution Proceedings — No Material Irregularity Found Under Order 21 Rule 90 CPC.

The petitioner, M/s Vairagade Engineering Corporation, was the judgment debtor in a decree dated 21/09/2007 passed by the Delhi High Court in Civil Su...

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Bombay High Court Dismisses Revision in Possession Suit — Concurrent Findings of Fact Not Interfered With Under Section 115 CPC. Tenant's claim of possession based on purchase of shed and payment of rent rejected as findings of fact by courts below were not perverse or without jurisdiction.

The petitioner, Laxman N. Deshmukh, filed Regular Civil Suit No. 394 of 1983 before the Civil Judge, Junior Division, Satara, seeking possession of a ...