Search Results for "Execution Proceedings"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "Execution Proceedings"

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High Court

High Court of Karnataka Allows Appeal in Execution Proceedings — Order XXI Rule 58 CPC Claim Dismissed as Not Maintainable Due to Prior Attachment and Lack of Possession. The court held that a claim petition under Order XXI Rule 58 CPC is not maintainable when the property was attached before judgment and the claimant was not in possession at the time of attachment.

23 May 2018

The appellant, Swamy H.L., filed a Regular Second Appeal under Section 100 CPC against the judgment and decree dated 19.09.2008 passed by the First Ap...

High Court

Bombay High Court Allows Cross Appeals in Part in Arbitration Dispute Over Interim Measures Under Section 9 of the Arbitration and Conciliation Act, 1996. The Court Clarifies That an Award Creditor Can Seek Interim Relief During Section 34 Proceedings to Secure the Award Amount.

31 Jul 2019

The case involves cross appeals under Section 37 of the Arbitration and Conciliation Act, 1996 arising from a common order dated 1 July 2019 passed by...

High Court

High Court of Karnataka Allows Appeal in Property Dispute Between Brothers — Sets Aside Trial Court Decree for Declaration and Possession. Suit for Declaration of Title and Possession Dismissed as Plaintiff Failed to Prove Ownership and Adverse Possession Against Co-Owner Brother.

21 Feb 2025

The appeal arises from a judgment and decree dated 07.11.2007 in O.S.No.3163/1990 passed by the XV Addl. City Civil and Sessions Judge, Bangalore, dec...

High Court

High Court of Karnataka Dismisses Second Appeals in Partition Suit, Upholding Concurrent Findings on Joint Family Property and Adverse Possession. The court held that the appellants failed to prove exclusive title and adverse possession over suit properties, and that the properties were joint family assets not subject to ouster.

29 Feb 2024

The case involves two regular second appeals filed under Section 100 of the Code of Civil Procedure, 1908, arising from a partition suit. The appellan...

High Court

High Court of Karnataka Hears Regular Second Appeal Regarding Validity of Will and Alternative Succession Claim; First Appellate Court Omitted Consideration of Alternative Prayer of Inheritance as Brother, Raising Substantial Question of Law Under Section 100 CPC

3 Mar 2020

The dispute centered on agricultural land originally owned by Kalakavva, who died in 1989. The plaintiff claimed as legatee under a registered Will da...

High Court

Bombay High Court Dismisses Petition Challenging Execution of Maintenance Order, Upholds Family Court's Refusal to Dismiss Execution as Time-Barred. Execution of maintenance order under Section 24 of Hindu Marriage Act, 1955 is not governed by Article 136 of Limitation Act, 1963; application for execution filed within 12 years from date of decree is within limitation.

7 Aug 2018

The petitioner, Parag Subhash Parelkar, and respondent No.2, N. Geetanjali Parag Parelkar, were legally wedded husband and wife. Due to marital discor...

High Court

Bombay High Court Dismisses Decree Holder's Challenge to Stay of Execution and Modifies Condition for Occupation Charges in Cooperative Dispute. Court upholds District Court's power to impose conditions while granting stay, but reduces monthly occupation charges from Rs.15,000 to Rs.5,000 considering the decree holder's age and the occupant's long possession.

26 Feb 2019

The judgment concerns two writ petitions arising from the same order of the District Court. The decree holder, Dr. Keshav Gavhale, had obtained an awa...

High Court

Bombay High Court Allows Enforcement of Foreign Award in Favor of Petitioner in Arbitration Dispute. Court Holds That Award Does Not Violate Public Policy and Condoned Delay of 273 Days Under Section 5 of Limitation Act, 1963.

6 Oct 2015

The petitioner, M/s. Louis Dreyfus Commodities Suisse S.A., a Swiss company, entered into a contract with the respondent, Sakuma Exports Limited, an I...

High Court

Bombay High Court Allows Revision in Chit Fund Recovery Case: Sureties Cannot Be Proceeded Against When Suit Abates Against Principal Debtor. The court held that in a composite suit against borrower and sureties, abatement against the principal debtor due to his death extinguishes the liability of sureties under Section 37 of the Indian Contract Act, 1872.

13 Jun 2017

The case involves a civil revision application filed by Vinod s/o Chhaganlal Daga, who was original defendant no.3 and judgment debtor no.3 in executi...

Supreme Court

Agreement to Sell Not a Deemed Conveyance Without Transfer of Possession | Tenant’s Possession Not Sufficient | Supreme Court (2026 INSC 59)

15 Jan 2026

The Supreme Court allowed the civil appeal filed by Vayyaeti Srinivasarao and set aside the judgment of the High Court, which had affirmed the Trial C...

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