Search Results for "Execution petition maintainability"

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Search Results for "Execution petition maintainability"

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High Court

Madras High Court Dismisses Leave Petition by Third Party in Execution Proceedings — Third Party Has No Locus Standi to Challenge Execution Order. Petition for leave to file civil revision against execution order dismissed as not maintainable because petitioner was not a party to the decree or execution proceedings.

29 Apr 2026

The petitioner, M/s. Nandhini Agro Research Centre, a partnership firm represented by its partner Sri Rupesh Anand, filed CMP No. 4793 of 2026 seeking...

High Court

Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

22 Sep 2022

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

High Court

High Court of Karnataka Hears Multiple Regular First Appeals Against Dismissal of Partition Suit in O.S. No. 1949/80. Appeals Filed Under Section 96 of Code of Civil Procedure, 1908, Challenging Trial Court's Rejection of Claim for Partition and Separate Possession.

1 Mar 2013

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High Court

High Court of Karnataka Hears First Appeals Against Dismissal of Partition Suit. Multiple Appellants Challenge Judgment in O.S. No. 1949/1980 Dismissing Suit for Partition and Separate Possession.

1 Mar 2013

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High Court

NOTICE OF MOTION NO. 443 OF 2012

27 Jun 2013

The matter arises out of Suit No. 1512 of 2009 before the Bombay High Court, filed by Shapoorji Pallonji & Company Ltd. against Jignesh Shah, Aruna Sh...

High Court

High Court of Karnataka Dismisses Petitioner's Writ Petition Challenging Execution Court Order in Permanent Injunction Case — Decree for Bare Injunction Cannot Be Executed After Road Construction Without Mandatory Injunction or Possession Relief.

12 Apr 2016

The petitioner, Kareppa, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging an order dated 23 March 2015 passed ...

High Court

Bombay High Court Dismisses Appeal Against Probate Grant in Will Execution Dispute — No Suspicious Circumstances Found. The court upheld the probate of a Will executed by the testator in favor of his brothers, rejecting claims of suspicious circumstances under Section 63 of the Indian Succession Act, 1925.

11 Jan 2019

The case involves an appeal against the grant of probate of a Will executed by the late Narrottam Sahgal. The appellants, who are the legal heirs of t...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Execution Dispute — Maintainability of Appeal Under Section 47 CPC Clarified. Court holds that an order rejecting objection under Section 47 CPC is a decree appealable under Section 96 CPC, not revisable under Section 115 CPC.

22 Dec 2023

The present second appeal is filed by the appellant, original plaintiff, aggrieved by the judgment and decree passed by the learned District Judge-9 a...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Partnership Firm and Guarantors. SARFAESI Act Section 13(2) Notice Validly Issued Against Principal Borrower and Guarantors, and Section 17 Application Before DRT Is the Appropriate Remedy.

28 Jul 2016

The petitioners, M/s. Otoklin Global Business (a partnership firm) and its partner Mr. Dhaval Dilip Jhaveri, filed a writ petition under Article 226 o...

High Court

Bombay High Court Allows Society's Possession Claim in Tenant Copartnership Housing Society Dispute — Transfer of Flat Without Consent Invalid Under Bye-Laws and Maharashtra Cooperative Societies Act, 1960. The court held that the petitioner, claiming through an invalid transfer, is in illegal occupation and liable to be evicted.

7 Jul 2015

The writ petition was filed by Tedco Exports Pvt. Ltd. challenging the order of the Maharashtra State Cooperative Appellate Court which allowed the ap...

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