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Supreme Court Allows Appeal in Registration Act Case — Compromise Decree Not Requiring Registration. Compromise decree relating to suit property does not require registration under Section 17(2)(vi) of Registration Act, 1908.

The appeal arose from a judgment of the High Court of Madhya Pradesh at Indore Bench dated 13.02.2017, which dismissed the appellants' writ petition c...

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Supreme Court Dismisses Appeal in Property Dispute Over Execution of Decree — Doctrine of Merger and Extension of Time Under Section 148 CPC Upheld. Executing Court's Power to Extend Time for Deposit of Advance Money Not an Alteration of Decree When Appellate Court Did Not Fix Time Limit.

The present appeal arises from a property dispute concerning 'A' and 'B' schedule properties in Pondicherry. The appellant entered into a sale agreeme...

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Bombay High Court Dismisses MSEDCL's Application to Declare Arbitral Award Satisfied as Vexatious and Dilatory. Unilateral Deposit of Disputed Amount Without Decree-Holder's Consent Does Not Discharge Judgment-Debtor Under Section 31 CPC.

The case involves a Chamber Summons filed by Maharashtra State Electricity Distribution Company Limited (MSEDCL), the unsuccessful respondent in an ar...

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Injunction Suit Not Maintainable When Title Is Disputed

The High Court of Karnataka held that when title to immovable property is disputed, a suit for mere permanent or mandatory injunction is not maintaina...

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Bombay High Court Dismisses Judgment Debtor's Petition Challenging Execution Orders in Eviction Decree — Decree Holders Entitled to Possession After 15 Years of Litigation Up to Supreme Court.

The case involves a dispute over execution of a decree for possession of an open piece of land admeasuring 1280 square feet out of Nazul Plot No. 9 in...

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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 at Goa Allows Second Appeal in Consent Decree Challenge — Separate Suit to Set Aside Consent Decree on Ground of Illegality Not Maintainable. Order XXIII Rule 3A CPC Bars Such Suit; Appellate Court's Judgment Set Aside as Perverse.

The dispute originated from a suit for eviction (R.C.S. No.62/78) between the parties, who are relatives, concerning a structure/taverna in Survey No....

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High Court of Karnataka Allows Tenant's Revision Against Eviction Order in Execution Proceedings — Compromise Decree Not Violated as Lease Deed Was Not Part of Decree. Executing Court Cannot Go Beyond Decree Terms; Alleged Violation of Lease Deed Not Enforceable in Execution Under Section 115 CPC.

The petitioner, Smt. R. Sharmila, was a tenant in a property owned by the respondent, B. Devakumar. The respondent filed O.S.No.755/2011 for ejectment...