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Search Results for "decree holder auction purchaser"

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High Court

Bombay High Court Dismisses Decree Holder's Application to Implead Auction Purchaser in Execution Proceedings — Order VI Rule 17 CPC Application Rejected as Execution is Not a 'Trial' and Amendment Would Change Nature of Suit

1 Dec 2025

The petitioner, Sangli Zilla Parishad Employees Co-operative Credit Society Limited, had advanced a loan to respondent no.1, Ninaidevi Sahakari Sakhar...

Supreme Court

Supreme Court Dismisses Appeal in Execution Proceedings Upholding Auction Sale Despite Procedural Objections. Court affirmed that under Order 21 Rule 90 of Code of Civil Procedure, 1908, setting aside a court sale requires specific pleading and proof of material irregularity or fraud, and mere non-compliance with deposit timelines under Order 21 Rules 84 and 85 does not vitiate sale absent prejudice, especially when property was purchased during suit pendency with injunction.

10 Feb 2024

The dispute originated from a civil suit filed by Smt. Gayatri Agrawal against National Ginni Enterprises for specific performance of an L.P.G. gas ag...

High Court

High Court of Karnataka Allows Appeal Against Execution Court Order Dismissing Application to Set Aside Auction Sale for Non-Compliance with Order XXI Rule 84 CPC. Failure to Deposit 25% of Purchase Money on the Same Day as Sale Renders Auction Void.

14 Jul 2023

The appellants, who were judgment debtors in execution proceedings, filed an application under Order XXI Rule 90 read with Section 151 CPC to set asid...

High Court

High Court of Karnataka Allows Appeal in Execution Proceedings — Appellants' Application Under Order 21 Rules 97, 98, 101 CPC Rejected by Executing Court Set Aside. Court Holds That Executing Court Must Determine Rights of Third Parties Claiming Independent Possession Under Order 21 Rule 101 CPC Before Confirming Sale.

19 Sep 2022

The present appeal was filed by the appellants, who were the legal heirs of the original judgment-debtor, Hiranappa (since deceased), and other family...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Auction Sale Under Maharashtra Co-operative Societies Act — Auction Purchaser Not Entitled to Set Aside Sale After Confirmation and Payment. Court Held That Once Sale Is Confirmed and Title Passes, the Sale Cannot Be Set Aside Merely Because of Irregularities, and the Remedy of the Judgment Debtor Is to Claim Damages, Not to Annul the Sale.

6 Apr 2018

The judgment pertains to a batch of writ petitions filed by auction purchasers and judgment debtors challenging the auction sale of a sugar factory co...

High Court

Bombay High Court Dismisses Borrower's Challenge to Sale Certificate and Award in Cooperative Bank Loan Recovery — Upholds Validity of Sale to Third Party Purchaser. The Court held that the sale certificate issued under the Maharashtra Cooperative Societies Act, 1960 cannot be challenged after a long delay and that the purchaser's title is protected.

8 Nov 2017

The petitioner, Mahesh Navelkar (since deceased, represented by legal heirs), was a borrower who took a loan of ₹9,500,000 from the Goa State Co-ope...

High Court

High Court of Karnataka Allows Appeal in Execution Proceedings — Sale Set Aside for Material Irregularity in Conduct of Auction. Order XXI Rule 90 CPC requires that sale be conducted with proper notice and opportunity to judgment-debtors; failure to serve notice and conduct sale at spot without prior intimation constitutes material irregularity.

10 Feb 2017

The appellants, Sri L. Nanjunda Murthy and Sri L. Nagaraj, were judgment-debtors in Execution No.3242/2014 pending before the XXXI Additional City Civ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Auction Sale of Mortgaged Property for Non-Compliance with Recovery Rules. Court holds that failure to serve notice of sale proclamation on the judgment-debtor at his updated address vitiates the sale, but the petitioners failed to approach the Recovery Officer under Rule 61 of the Second Schedule to the Income Tax Act, 1961 within the prescribed period or seek condonation of delay with sufficient cause.

10 Jun 2015

The petitioners, M/s. Hotel Paras Garden and its proprietor Prabhakar Digambar Lande, challenged the auction sale of their mortgaged property conducte...

High Court

Bombay High Court Allows Decree Holder's Appeal in Execution Proceedings — Transfer of Attached Property Void Under Section 64 CPC. Sale of Property by Judgment Debtor After Attachment Order Cannot Defeat Decree Holder's Right to Execute Decree.

9 Sep 2014

The case arises from a First Appeal filed by Mrs. Meera Unnikrishnan, the decree holder, against the dismissal of her execution application by the Civ...

High Court

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.

29 Oct 2013

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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