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Bombay High Court Sets Aside Ex Parte Decree in Summary Suit Due to Lack of Proper Service of Summons. Delay of 164 Days Condoned as Defendant Demonstrated Good Cause for Non-Appearance Under Order XXXVII of CPC, 1908.

The plaintiff, Fountainhead Promotions & Events Pvt Ltd, filed a Summary Suit No. 874 of 2010 against the defendant, Gitanjali Lifestyle Limited, clai...

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Bombay High Court Dismisses Writ Petition Challenging Closure of Execution Proceedings Due to Inordinate Delay and Laches. Objections filed by third parties in execution proceedings not pursued for 14 years; executing court justified in recording satisfaction of decree.

The petitioners, Hirabai Dattatray Mankar and others, filed a writ petition challenging an order dated 11 September 2019 passed by the 6th Joint Civil...

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Bombay High Court Allows Appeal Against Conversion Date in Execution of Foreign Currency Decrees Under Section 44-A CPC. Relevant Date for Conversion Held to Be Date of Foreign Decree, Not Date of Enforceability After Removal of Stay.

The appeals arose from execution proceedings to enforce foreign costs decrees obtained by the respondents (Ananda Bazar Patrika Limited and Aveek Sark...

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Bombay High Court Allows Appeal in Partition Suit Due to Disputed Consent Terms. Consent Decree Set Aside as Court Failed to Verify Genuineness of Compromise Under Order XXIII Rule 3 CPC.

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court dated 28 September 2012, which made absolute a motion for recordi...

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Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

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High Court of Karnataka Sets Aside Dismissal of Execution Petition on Limitation and Inexecutability Grounds — Decree Holder Granted Relief Under Article 227. Executing Court Erred in Holding Decree Inexecutable Without Considering Order XXI Rule 32 CPC.

The petitioner, Smt. I A Kasturi, was the Decree Holder in Execution Petition No.722/2019 before the VII Additional City Civil Judge, Bengaluru. She f...