Search Results for "going behind decree"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...

Search Results for "going behind decree"

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High Court

High Court of Karnataka Allows Civil Revision Petition in Execution Proceedings for Specific Performance — Decree Not Void for Violation of PTCL Act as Issue Not Raised in Original Suit. Executing Court Cannot Go Behind Decree Under Section 47 CPC; Alleged Violation of Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 Must Be Raised in Suit.

1 Jun 2026

The petitioner (decree holder) filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 30....

High Court

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.

1 Jun 2026

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...

Supreme Court

Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

1 Jan 2026

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

High Court

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.

17 Nov 2025

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...

High Court

Bombay High Court Dismisses Appeal Against Order in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial court's refusal to grant specific performance of agreement to sell as plaintiffs failed to prove readiness and willingness to perform their part of contract under Section 16(c) of Specific Relief Act, 1963.

22 Oct 2019

The dispute pertains to a suit for specific performance of an agreement to sell dated 18-04-2005 concerning agricultural land bearing Khasara No.40, P...

High Court

High Court of Karnataka Allows Writ Petitions Challenging Execution Court Order in Suit for Specific Performance - Decree Holder's Application for Possession Through Commissioner Dismissed as Executing Court Cannot Go Beyond Decree. Executing Court Cannot Order Delivery of Possession When Decree for Specific Performance Does Not Specifically Direct Possession Under Order 21 Rule 35 CPC.

30 Jul 2015

The petitioners, legal representatives of the original plaintiff N.H. Shivamurthy, filed writ petitions under Article 227 of the Constitution of India...

High Court

Bombay High Court Dismisses Writ Petition Challenging Execution Decree in Property Dispute — Court Holds That Execution Proceedings Cannot Be Reopened After Final Decree and That Objections Under Order 21 Rule 97 CPC Must Be Raised Before Executing Court, Not by Way of Writ Petition.

26 Feb 2015

The petitioners, who were legal representatives of the original judgment debtors, filed a writ petition under Article 226 of the Constitution of India...

High Court

Bombay High Court Dismisses Revision Against Execution of Decree for Specific Performance of Contract — Objection to Executability Rejected as Decree Was Not Conditional on Deposit of Balance Consideration. The decree directed defendant to execute sale deed within two months of plaintiff paying balance consideration; failure to deposit within two months does not bar execution.

7 Feb 2012

The case involves a civil revision application challenging an order dated 3-12-2007 passed by the Civil Judge, Senior Division, Bhandara, rejecting th...

High Court

Bombay High Court Allows Appeal in Suit for Declaration of Title and Injunction — Finds Trial Court Erred in Holding That Plaintiffs Failed to Prove Title and Possession Over Suit Property. The Court Held That the Plaintiffs' Possession Was Established Through Evidence of Cultivation and Payment of Land Revenue, and the Defendants Failed to Prove Their Title.

24 Aug 2005

The appellants, original plaintiffs, filed a suit for declaration of title and permanent injunction in respect of a property situated in Calangute, Go...

High Court

Bombay High Court Dismisses Appeals Against Injunction in Specific Performance Suit — Agreement to Sell Not Concluded Due to Unfulfilled Conditions Precedent. The court held that the agreement was subject to conditions precedent and the plaintiffs failed to show readiness and willingness, but balance of convenience favored maintaining status quo.

30 Nov -0001

The appellant, M/s Mahavir Associates, a partnership firm, filed appeals against an order of the Trial Court granting temporary injunction in favor of...

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