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Bombay High Court Dismisses Writ Petition Challenging Conditional Order Setting Aside Ex-Parte Decree in Eviction Suit. Court upholds condition of depositing arrears of rent as a valid exercise of discretion under Order IX Rule 13 of CPC.

The petitioners, Hargovindas Shivlal & Co. and others, were lessees of an open plot of land in Chembur, Mumbai. They had entered into a leave and lice...

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Supreme Court Allows Appeal in Consent Decree Execution Dispute — Family Settlement Must Be Enforced to Give Fruits of Decree. Court Holds That Executing Court Cannot Nullify Consent Terms by Reading Implied Conditions; Direction Issued to Execute Letter of Allotment.

The dispute arose between two groups of family members, the PA Group (appellants) and the RA Group (respondents), over the assets of Kash Foods Privat...

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Bombay High Court Allows Execution of Consent Decree for Sale of Property Through Court in Partition Suit. Court Directs Issuance of Warrant of Sale and Appointment of Commissioner to Distribute Proceeds Equally Between Co-Owners.

The plaintiff, Shri Anant Narayan Kajrolkar, filed a praecipe in a pending execution application seeking production of papers and proceedings to enabl...

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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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Bombay High Court Allows Amendment of Decree Without Amending Judgment in Execution Proceedings — Order-XX Rule 6 CPC. The Court held that a decree can be amended to correct property description without amending the judgment, as per Order-XX Rule 6 of the Code of Civil Procedure, 1908.

The case involves a second appeal arising from execution proceedings. The respondents (original plaintiffs) had filed a suit for possession of land an...