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Search Results for "decree holder auction purchaser"

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Supreme Court

Supreme Court Allows Auction Purchaser's Appeal in Execution Sale Dispute — High Court Erred in Invalidating Court Auction Without Setting Aside Decree. Court Auction Sale Confirmed Under Order 21 Rule 92 CPC Cannot Be Invalidated Collaterally in Absence of Fraud or Material Irregularity.

25 Nov 2025

The case arises from a civil suit filed by decree holder) against judgment debtor) for recovery of ₹3,75,000 with interest. The suit was decreed ex ...

Supreme Court

Supreme Court Allows Appeal in Limitation for Possession Under Order XXI Rule 95 CPC — Starting Point of Limitation is Date Sale Becomes Absolute, Not Date of Sale Certificate. Article 134 of Limitation Act, 1963 governs application under Order XXI Rule 95 CPC, and limitation runs from confirmation of sale under Rule 92(1), not from issuance of sale certificate.

1 Jan 2023

The appeal arose from a judgment of the Kerala High Court dismissing a civil revision application filed by the appellants, who were judgment-debtors. ...

Supreme Court

Supreme Court Dismisses Appeal in Inventory Proceedings Under Portuguese Civil Procedure Code Regarding Heritability of Auction Rights. The court held that rights from a successful bid in licitation are heritable under Article 1737 of the Portuguese Civil Procedure Code, 1867, as they are not personal, and the obligation to deposit arises only after final partition, allowing heirs to claim the property.

19 Sep 2022

The dispute originated from inventory proceedings under the Portuguese Civil Procedure Code, initiated in 1985 for the partition of the estate of Lt. ...

High Court

Bombay High Court Dismisses Vessel Owner's Application for Release of Arrested Vessel Due to Repeated Breach of Undertakings and Contempt of Court. Auction Purchaser's Application for Confirmation of Sale Allowed as Vessel Owners Failed to Furnish Security in Time.

24 Mar 2021

The case involves a commercial admiralty suit filed by GAC Shipping (India) Pvt Ltd & Anr against MV Golden Pride & Ors. The vessel was arrested. The ...

High Court

Bombay High Court Dismisses Revision Against Order for Possession Under Order XXI Rule 95 CPC — Auction Purchaser Entitled to Delivery of Property from Judgment Debtors After Confirmation of Sale.

12 Sep 2018

The applicants, original judgment debtors, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging an o...

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 Decree Holder's Petition in Eviction Decree Execution — Division Bench of Small Causes Court Exceeded Revisional Jurisdiction by Remanding Matter for Proposal to Remove Structure. The decree had attained finality up to the Supreme Court, and the executing court's order directing restoration of vacant possession was proper; the revisional court's interference was unwarranted.

10 Oct 2017

The petitioner, Mrs. Vranda G. Pai, is the decree holder in an eviction decree dated 2nd December 2006, which had attained finality up to the Supreme ...

High Court

High Court of Karnataka Allows Appeal in Execution Proceedings — Sale Set Aside for Material Irregularity in Conduct of Auction. Order XXI Rule 90 CPC requires that sale be conducted with proper notice and opportunity to judgment-debtors; failure to serve notice and conduct sale at spot without prior intimation constitutes material irregularity.

10 Feb 2017

The appellants, Sri L. Nanjunda Murthy and Sri L. Nagaraj, were judgment-debtors in Execution No.3242/2014 pending before the XXXI Additional City Civ...

High Court

Bombay High Court Dismisses Tenants' Revision Against Execution of Eviction Decree by Transferee Landlord. Transferee Pendente Lite Held Entitled to Execute Decree Under Order 22 Rule 10 CPC.

21 Jul 2014

The present Civil Revision Application was filed by the tenants (applicants) challenging the order dated 27/28.11.2008 passed by the Appellate Bench o...

High Court

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.

29 Oct 2013

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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