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Search Results for "decree transfer"

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High Court

High Court of Karnataka Dismisses Regular Second Appeals in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upheld trial and first appellate court decisions that plaintiff failed to prove title and possession over suit property, and that suit was barred by limitation.

18 Jun 2025

The judgment pertains to three Regular Second Appeals (RSA No. 2256/2006, RSA No. 2257/2006, and RSA No. 2258/2006) filed by the legal representatives...

High Court

High Court of Karnataka Allows Appeal Against Dismissal of Objector's Applications in Execution Proceedings — Held That Executing Court Must Determine Rights of Third Party Objector Under Order 21 Rules 97-101 CPC Before Proceeding with Possession. The court set aside the order dismissing I.A.Nos.7 to 11 and remanded the matter for fresh adjudication.

18 Oct 2021

The appellant, M. Venkatachalam, was an objector in execution proceedings (Ex.No.1863/2015) arising out of a decree in O.S.No.2781/2001. The decree ho...

High Court

High Court Dismisses Second Appeal in Forest Land Injunction Suit Due to Illegal Transfer and Lack of Substantial Question of Law. Transfer of Settlement Land Without Prior Sanction Under Indian Forest Act, 1927, is Void, and Possession Under Such Agreement Does Not Confer Title or Invoke Part Performance Protection Under Section 53A of Transfer of Property Act, 1882.

23 Jan 2026

The dispute arose from a second appeal filed by the plaintiff-appellant against concurrent judgments of the lower courts dismissing a suit for permane...

High Court

High Court Permits Official Liquidator to Break Open Lock and Take Physical Possession of Company Premises Despite Collusive Tenancy Decrees Obtained After Winding Up Without Leave Under Section 446 Companies Act, 1956. The court held that decrees obtained without leave under Section 446 are void and the Official Liquidator is entitled to possession.

30 Aug 2019

The Official Liquidator filed a report seeking permission to break open the lock put by the ex-management of J.B. Diamonds Limited (in liquidation) an...

High Court

Bombay High Court Dismisses Tenant's Revision Against Eviction Decree — Notice Under Section 106 of Transfer of Property Act, 1882 Held Valid Despite Reference to Expired Quarter. The court held that a notice to quit calling upon the tenant to vacate at the expiration of a quarter that had already expired was not invalid as it was served during the tenancy and the tenant understood the intention.

2 Apr 2018

The case involves a civil revision application filed by M/s. Universal Cables Ltd., the tenant, against an eviction decree passed by the trial court a...

High Court

Bombay High Court Allows Writ Petition, Restores Eviction Decree in Sub-Lease Dispute for Breach of Covenant. Failure to pay municipal taxes and insurance premium constituted breach of condition under Section 111(g) of Transfer of Property Act, 1882, justifying forfeiture and eviction.

19 Oct 2006

The petitioner, as lessor, had granted a sub-lease of land and buildings to the first respondent for 98 years. The sub-lease deed contained covenants ...

High Court

High Court of Bombay at Goa Dismisses Revision Against Execution Orders — Decree Holder Entitled to Possession Despite Alleged Non-Joinder of Necessary Parties. Execution Court Cannot Go Behind Decree; Objections Under Section 47 CPC Not Maintainable.

14 Mar 2019

The applicants (judgment-debtors) filed a civil revision application challenging two orders dated 31/07/2018 and 30/10/2018 passed by the Senior Civil...

High Court

High Court of Karnataka Allows Revision Petition in Execution Proceedings for Specific Performance — Decree Holder Entitled to Execute Decree Despite Judgment Debtor's Death. Order 22 Rule 12 CPC Provides That Execution Proceedings Do Not Abate by Reason of Death of Judgment Debtor.

15 Dec 2020

The petitioner, Ashrafali, was the decree holder in O.S.No.38/2014 for specific performance of contract. The trial Court decreed the suit directing th...

High Court

The High Court of Bombay at Aurangabad hears a second appeal concerning whether a purchase from an ostensible owner is protected under Section 41 of the Transfer of Property Act, 1882. The appeal also raises the issue of whether a transaction with a condition of reconveyance amounts to a mortgage by conditional sale under Section 58(c) of the same Act.

23 Apr 2010

The litigation originated from a dispute over a house property at Shani Mandir Road, Beed, which was purchased jointly by the original plaintiffs and ...

High Court

High Court of Bombay examines Official Liquidator’s report for declaration of sub-lease executed by lessee as void. The matter involves sub-lease of company property during pendency of winding up, with allegations of fabricated documents.

5 May 2017

The matter concerns an Official Liquidator’s report filed in the winding up of Modi Stone Limited, seeking a declaration that a sub-lease dated 20 M...

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