Search Results for "Collusive decree"

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Search Results for "Collusive decree"

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High Court

High Court Dismisses Second Appeal by Pendente Lite Purchasers in Partition Suit Execution — Objections Under Order XXI Rule 97 Barred Due to Lis Pendens. Consent Decree in Appellate Court Not Proved Collusive; Rigors of Section 52 Transfer of Property Act Apply.

2 May 2025

The present second appeal arose from execution proceedings in a partition suit that commenced in 1974. The original plaintiff Shankarrao Kanakdande ha...

High Court

High Court of Karnataka Allows Revision Against Restoration of Possession in Execution Proceedings — Compromise Decree Set Aside Without Notice to Decree Holder Violates Natural Justice. Order XXI Rule 99 CPC Application Cannot Be Decided Without Hearing the Decree Holder.

25 Aug 2021

The petitioner, Smt. Leelavathi, filed a civil revision petition under Section 18 of the Karnataka Small Causes Courts Act, 1964, challenging an order...

High Court

Bombay High Court Allows Amendment of Plaint in Development Dispute — Plaintiff Allowed to Bring on Record Subsequent Events Including Deed of Conveyance and Alleged Fraudulent Tenancy. Court holds that pre-trial amendments should be liberally allowed to determine real controversy between parties.

27 Sep 2024

The plaintiff, M/s SR Enterprises, filed a Commercial Suit against defendants Gurbachan Kaur Jattinder Singh Chadha and another, arising out of a Deve...

High Court

High Court of Karnataka Dismisses Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Partition Suit — Petitioner Failed to Show Sufficient Cause for Non-Appearance. The court held that mere denial of service without evidence is insufficient to set aside an ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908.

22 Mar 2024

The petitioners, legal representatives of the original defendant Kadappa, filed a writ petition under Article 227 of the Constitution of India challen...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Executing Court's Order Refusing to Recall Warrant of Possession Under Order XXI Rule 97 CPC. Executing Court's Discretion to Refuse Recall of Warrant After Delivery of Possession Upheld as No Material Irregularity Shown.

25 Jul 2022

The petitioners, original decree holders in Execution Application No. 22/2008, filed a writ petition under Article 227 of the Constitution challenging...

High Court

High Court of Karnataka Adjudicates Regular First Appeals Against Trial Court Decree in Suit for Declaration and Permanent Injunction. Property Dispute Among Multiple Parties Pertaining to Immovable Property Under Code of Civil Procedure, 1908.

1 Oct 2024

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High Court

High Court of Karnataka Sets Aside Trial Court Order in Final Decree Proceedings for Lack of Jurisdiction — Order on I.A.Nos.15, 16 and 17 in FDP No.2/2008 Quashed for Exceeding Scope of Preliminary Decree and Violating Principles of Natural Justice.

19 Jul 2022

The present writ petition was filed by the petitioners (defendants in the original suit) challenging the order dated 10.06.2022 passed by the learned ...

High Court

Bombay High Court Allows Garnishee Order Against Respondent in Execution of Decree — Debt Acknowledged in Balance Sheets Constitutes Admission of Liability. The Court directed attachment and deposit of Rs. 17,40,82,984/- under Order XXI Rules 46 and 46A CPC, finding no real dispute under Rule 46-C.

11 Nov 2024

The Applicant, Drive India Enterprises Solutions Ltd., is the Judgment Creditor in a decree dated 10th September 2018 against the Judgment Debtor, Hai...

High Court

Bombay High Court (Aurangabad Bench) Hears Appeal Against Remand Order Allowing Third Party Challenge to Consent Decree. The Court Examines Whether Section 96(3) of the Code of Civil Procedure, 1908 Bars an Appeal by Strangers to a Consent Decree, and Whether Allegations of Fraud Vitiate the Decree.

20 Oct 2016

The appellant, Vilas Trimbak Sanap, filed a partition suit (RCS No. 499/2014) against his father and brothers (respondent Nos. 4–6) claiming a 1/4th...

High Court

Bombay High Court Considers Section 9 Petition in Post-Foreign Award Enforcement Against Guarantor Deleted from Proceedings. Court Examines Applicability of Group of Companies Doctrine to Bind Non-Signatory for Interim Relief.

28 Jan 2026

The petition was filed under Section 9 of the Arbitration and Conciliation Act, 1996 by Ningbo Aux Imp & Exp Co. Ltd., a Chinese company, seeking inte...

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