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"Pendente Lite Transferee's Right to Challenge Execution of Decree Confirmed: Supreme Court" SC affirms that limitation period begins from the date of final decree, and a pendente lite transferee can challenge execution if dispossessed.

The Supreme Court of India, deals with the execution of a final decree in a partition suit and the rights of a pendente lite transferee. It affirms th...

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High Court of Karnataka Allows Writ Petition Against Dismissal of Obstruction Application in Execution Proceedings — Impugned Order Quashed. Court Held That Executing Court Must Consider Objections of Third Party Obstructor on Merits Under Order XXI Rules 97, 98, and 101 CPC.

The petitioner, Rajesh Enterprises, a partnership firm represented by its partner Naresh Godar Shah, filed a writ petition under Articles 226 and 227 ...

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High Court of Karnataka Allows Appeal in Property Suit — Trial Court Erred in Rejecting Plaint Under Order VII Rule 11(d) CPC. Suit for Declaration of Title and Possession Not Barred by Limitation as Plaintiff Was in Possession Within 12 Years of Filing.

The appellant/plaintiff filed a suit for declaration of title and possession against the respondents/defendants in O.S.No.7993/2000 before the XVI Add...

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Jurisdiction for Succession Certificate Applications in Goa Clarified. Civil Courts Empowered to Handle Succession Matters for Non-Goans and Hindus

The court addresses the issue of jurisdiction for applications under Section 372 r/w. Section 370 of the Indian Succession Act, 1925, for the grant of...

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"Partition Dispute Over Joint Property: Supreme Court Delivers Final Verdict" Tagline "High Court's Decision on Liability for Rents and Mesne Profits Upheld; Equitable Distribution and Legal Constraints on Partition Discussed"

This case concerns a suit for partition involving a property jointly owned by multiple parties, including the original plaintiff, subsequent buyers, a...

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Court Restores Original Decision, Declares Contempt Petition Time-Barred. High Court Review Overstepped Jurisdiction; Importance of Adhering to Limitation Periods in Contempt Proceedings Emphasized

The  judgment addresses a contempt petition regarding the failure of a Tahsildar to effect a mutation ordered by a Single Judge. The Division Bench (...

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High Court of Karnataka Allows Appeals in Execution Proceedings — Auction Sale Set Aside for Non-Compliance with Order 21 Rule 95 CPC. Delivery of possession is a mandatory requirement for confirmation of sale under Order 21 Rule 95 of the Code of Civil Procedure, 1908.

The case involves two Regular First Appeals (RFA No. 557/2016 and RFA No. 558/2016) filed under Section 96 read with Order 41 Rules 1 and 2 of the Cod...

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Appellant's Property Claim Upheld: High Court's Reversal Overturned. Limitation Period and Implied Revocation of Power of Attorney Central to Decision

A dispute over a property transaction. The Appellant argues that the suit is within the limitation period based on her knowledge of the sale deed (Ex....

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Court Upholds Final Partition Decree, Dismisses Late Will Submission by Defendant No.8 Defendant's attempt to modify shares based on a newly surfaced Will rejected; court emphasizes finality of judicial proceedings.

This Writ Petition challenges the rejection of Defendant No.8's application by the Joint Civil Judge (Senior Division), Nashik, which sought to frame ...