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Supreme Court Dismisses Son's Suit to Stay Execution of Mortgage Decree Against Father on Joint Family Property. Son Cannot Restrain Sale Unless Mortgage Is Shown Not Binding on Him Before Sale Occurs.

The case involved a joint Hindu family consisting of a father (the manager) and his son, the appellant. The father borrowed money from the first respo...

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High Court of Karnataka Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Courts Below. Suit for Declaration of Title and Injunction Dismissed as Plaintiff Failed to Prove Ownership and Possession Over Suit Property.

The case involves two regular second appeals filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated ...

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Bombay High Court Quashes Execution Order in Favor of Judgment Debtor Due to Bar of Limitation Under Article 136 of Limitation Act, 1963. Arbitral Award Dated 18.01.2010 Filed for Execution in 2023 Held Time-Barred; Filing of Section 34 Application Does Not Extend Limitation.

The writ petition was filed by the Amravati District Central Co-operative Bank Ltd., the judgment debtor, challenging two orders passed by the 8th Joi...

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Bombay High Court Allows Decree Holder's Execution and Sets Aside Condition of Deposit in Cooperative Court Award Execution. Court holds that a third party not bound by the award cannot be directed to deposit occupation charges as a condition for stay of execution.

The judgment concerns two writ petitions arising from the same order of the District Court. The decree holder (Mangala Keshav Gavhale) obtained an awa...

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Bombay High Court Dismisses Stay Application in Arbitration Matter — Consent Order Not Stayed as No Prima Facie Case Made Out. Court held that a consent order passed under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be stayed unless fraud or lack of jurisdiction is shown.

The petitioner, Tata Capital Financial Services Limited, a non-banking finance company, had sanctioned an invoice discounting facility of Rs. 20,00,00...

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Supreme Court Allows Appeal in Will Dispute Case — High Court's Reversal of Trial Court's Preliminary Decree Set Aside. Registered Will Fails to Meet Attestation Requirements Under Section 63(c) of Indian Succession Act, 1925 and Section 68 of Evidence Act, 1872.

The case concerns a dispute over a tenement originally allotted to Suhagwanti Devi, the wife of late Harbans Lal, under a redevelopment scheme. After ...

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High Court of Karnataka Hears Regular First Appeal Against Dismissal of Suit for Partition and Declaration. Daughter Challenges Will Dated 15.06.2001 Alleging Suspicious Circumstances and Non-Compliance with Proof Requirements Under Section 63 of Indian Succession Act, 1956.

The Regular First Appeal arose from a suit for declaration, partition, and mesne profits filed by one of the daughters of late M. Krishnappa. The dece...