Search Results for "decree holder difficulties"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "decree holder difficulties"

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High Court

High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Not Applicable When Subsequent Suit Relates to Different Property. Decree Holders' Right to Possession Upheld as Judgment Debtor's Application for Stay Was Based on a Suit Involving Different Subject Matter, Constituting Abuse of Process.

18 Jan 2023

The petitioners (decree holders) obtained a decree for possession and mesne profits in O.S. No. 3/1971 (later renumbered O.S. No. 79/2003) against the...

High Court

Madras High Court Allows Revision Petition in Partition Suit — Trial Court's Order Appointing Advocate Commissioner Set Aside for Lack of Application of Mind and Non-Compliance with Order 26 Rule 9 CPC. The High Court held that appointment of a Commissioner before passing a preliminary decree is premature and without jurisdiction, and the Trial Court must record reasons for such appointment.

6 Jan 2026

The case arises from a civil revision petition filed by the defendants 2 and 5 in a partition suit (O.S.No.53 of 2022) pending before the Additional D...

High Court

Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance Under MOFA in Favor of Housing Societies. The Court held that the Competent Authority has jurisdiction to grant deemed conveyance under Section 11 of MOFA even if the developer retains development rights over part of the land.

18 Jun 2026

The Petitioner-Developer, Kiran Builders Pvt. Ltd., challenged an order dated 15 May 2017 passed by the District Deputy Registrar, Co-operative Societ...

High Court

High Court Dismisses Application for Condonation of Delay in Civil Appeal Due to Insufficient Cause and Lack of Supporting Documents. Delay of 1938 Days Not Condoned as Applicant Failed to Provide Evidence for Paralysis, Old Age, and Advocate Inaction Claims Under Section 5 of Limitation Act, 1963.

17 Mar 2026

The case involved an interim application filed by Appellant seeking condonation of delay of 1938 days in filing a first appeal against a judgment and ...

High Court

Bombay High Court Rules on Automatic Stay of Arbitral Awards Under Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015. The Mere Filing of a Section 34 Petition Does Not Trigger Automatic Stay; Award-Holder Can Execute Unless Stay Granted.

3 Mar 2017

The snippet of the judgment deals with Chamber Summonses in Execution Applications arising from an arbitral award. The dispute involves Enercon GmbH a...

High Court

Regular First Appeal Against Common Judgment Decreeping Suit for Perpetual Injunction and Dismissing Suit for Declaration That Sale Deeds Are Not Binding on Co-Parceners. Dispute Centered on Whether Property Was Joint Family Asset or Self-Acquired and Validity of Sale Deeds Executed by Karta or Power of Attorney Holder.

27 Jan 2020

The appeals arose from two suits tried together. One suit (O.S.No.1611/1994) was filed by the plaintiffs, claiming to be co-parceners of an undivided ...

High Court

Bombay High Court Examines Challenge to Waqf Tribunal's Interim Order in Property Dispute. The Revision Application Raised Jurisdictional Question Regarding the Competence of a Single-Member Tribunal After the 2013 Amendment to the Waqf Act, Without a Transitory Provision.

11 Sep 2015

The case arose from a civil revision under Section 83(9) of the Waqf Act, 1995, filed by the original defendants (Magnum Developers and others) challe...

High Court

Bombay High Court Allows Wife to File Mutual Divorce Petition Through Power of Attorney Holder Under Section 13B of Hindu Marriage Act, 1955. The court held that a power of attorney holder can sign and verify a petition for divorce by mutual consent when the spouse is residing abroad, as the requirement of personal presence is not mandatory at the filing stage.

6 Apr 2018

The petitioner, Harshada Bharat Deshmukh, an Indian citizen residing abroad, filed a writ petition challenging the order of the Principal Judge, Famil...

Supreme Court

Supreme Court Dismisses Appeals in Property Dispute Execution Case, Upholding High Court's Order Against Frivolous Litigation. The court affirmed the dismissal of writ petitions and appeals, highlighting abuse of procedural provisions under Order XXI Rule 97 of the Code of Civil Procedure, 1908, to delay execution of a decree for possession.

22 Apr 2021

The appeals arose from a common judgment of the Karnataka High Court dated 16th January 2020, which dismissed several writ petitions. The litigation c...

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 ...

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