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Bombay High Court Allows Execution of Consent Decree for Sale of Property Through Court in Partition Suit. Court Directs Issuance of Warrant of Sale and Appointment of Commissioner to Distribute Proceeds Equally Between Co-Owners.

The plaintiff, Shri Anant Narayan Kajrolkar, filed a praecipe in a pending execution application seeking production of papers and proceedings to enabl...

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Bombay High Court Dismisses Revision Against Execution of Preliminary Decree Under Specific Relief Act — Preliminary Decree for Specific Performance Is Executable Without Separate Final Decree Proceedings

The petitioner, claiming to be Opponent No.4 in Regular Darkhast No.25/2009 pending before the Civil Judge, Junior Division, Pathardi, filed a Civil R...

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High Court of Karnataka Allows Writ Petition of Subsequent Purchaser in SC/ST Land Transfer Case — Deputy Commissioner's Order Quashed. Sale of Granted Land After Expiry of 15-Year Non-Alienation Period Held Valid Under Section 4(2) of Karnataka SC/ST (Prohibition of Transfer of Certain Lands) Act, 1978.

The petitioner, Smt. R. Sarojini Devi, a subsequent purchaser of land, challenged the order of the Special Deputy Commissioner, Bengaluru District, da...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Suit for declaration and injunction dismissed as plaintiff failed to prove title and possession over suit property.

The appellants, legal representatives of the original plaintiff Abdulsab Nannesab Totad @ Jekinkatti, filed a second appeal under Section 100 of the C...

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Bombay High Court Dismisses Purchaser's Challenge to SARFAESI Action; Sale During Injunction Void. Sale of Mortgaged Property During Pendency of Injunction Order Held Void; Purchaser Has No Right to Question Prior Equitable Mortgage Under Section 58(f) of Transfer of Property Act.

The writ petition challenged the orders of the Debts Recovery Appellate Tribunal (DRAT) and the Debts Recovery Tribunal (DRT) dismissing the petitione...