Search Results for "section 47 CPC"

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Search Results for "section 47 CPC"

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High Court

Madras High Court Allows Plaintiff's Revision and Dismisses Defendants' Revision in Suit for Declaration and Injunction — Execution Proceedings Cannot Be Reopened After Decree Becomes Final. The court upheld the dismissal of a claim petition under Order 21 Rule 58 CPC as the decree had attained finality and the execution court cannot re-adjudicate decided issues.

6 Jan 2026

The case arises from a suit for declaration and injunction filed by the plaintiff, Rajalakshmi Ammal, against the defendants, Radha Ammal and others, ...

High Court

Madras High Court Dismisses Revision Petition Challenging Executability of Decree on Ground of Non-Compliance with Order XX Rule 4 CPC. Judgment Debtor Cannot Raise Nullity of Decree Under Section 47 CPC After Ex-Parte Decree Became Final and Earlier Application to Set Aside Was Dismissed.

9 Jan 2026

The case involves a civil revision petition filed by Srinivasa Doss (petitioner) against P.Kalaidasan and P.Seshian (respondents) challenging an order...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Execution — Res Judicata Bars Fresh Objection After Earlier Rejection. Objector Cannot Re-agitate Same Issue Under Different Exhibit Number When Earlier Objection Under Section 47 CPC Was Decided on Merits and Attained Finality.

26 Feb 2018

The appellant, Nandkishor Hemraj Khandelwal, was the plaintiff in Regular Civil Suit No.2 of 2001 for specific performance of an agreement against res...

High Court

High Court of Karnataka Allows Civil Revision Petition in Execution Proceedings for Specific Performance — Decree Not Void for Violation of PTCL Act as Issue Not Raised in Original Suit. Executing Court Cannot Go Behind Decree Under Section 47 CPC; Alleged Violation of Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 Must Be Raised in Suit.

1 Jun 2026

The petitioner (decree holder) filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 30....

High Court

High Court of Karnataka Dismisses Plaintiff's Writ Petition Challenging Execution Court's Order in Specific Performance Suit — Direction to Get Property Measured and Produce Sketch with New Survey Number Upheld. Execution Court's Order Under Section 47 CPC Is Procedural and Not Subject to Interference Under Article 227.

1 Feb 2019

The petitioner, who was the plaintiff in O.S. No.84/2002 on the file of the Civil Judge (Jr.Dn.), Chintamani, filed a suit for specific performance of...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Execution Maintainability — Land Grant Alienation Permission Lapsed Before Sale Deed Execution. The court held that objections as to maintainability of execution petition based on expiry of alienation permission are to be raised before the executing court, not by way of writ petition under Article 227.

21 Aug 2019

The petitioners, who were the 2nd and 3rd judgment debtors in Execution Petition No.2/2017, filed a writ petition under Article 227 of the Constitutio...

High Court

High Court of Karnataka Dismisses Revision Petition in Final Decree Proceedings — Rejection of Review Application Under Section 47 CPC Upheld. Court holds that objections to execution of a decree cannot be raised after final decree is passed and that a review application is not maintainable when the decree has merged with a higher court's order.

6 Dec 2019

The revision petition arises out of the impugned judgment and order dated 16.06.2016 passed in FDP No.113/2010 on the file of the XXII Additional City...

Supreme Court

Supreme Court Allows Appeal by Decree Holder in Specific Performance Suit — Compromise Decree Held Executable Despite Alleged Lack of Court Verification. Executing Court Cannot Go Behind Decree Under Section 47 CPC Unless Decree is a Nullity on Face of Record.

1 Dec 2014

The Supreme Court allowed the appeal filed by the decree holder (Rehan Ahmad) against the judgment of the Rajasthan High Court, which had set aside th...

High Court

Bombay High Court Dismisses Revision in Specific Performance Suit — Res Judicata Not Applicable to Lok Adalat Award. Court holds that a compromise decree passed by Lok Adalat does not bar a subsequent suit for specific performance of the same agreement.

29 Jun 2017

The revision application was filed by the petitioner (Ajitpalsingh Khalsa) against the order dated 21/11/2015 passed by the Jt. Civil Judge (SD) Amrav...

High Court

High Court of Karnataka Dismisses Writ Petitions Challenging Execution Proceedings in Land Dispute — Execution Petition Not Barred by Limitation Under Article 136 of Limitation Act, 1963. Decree Holder's Application for Execution Within 12 Years of Decree Is Maintainable Despite Delay in Filing.

28 Jan 2015

The case involves two writ petitions filed by the Chief Officer of Town Panchayath, T. Narasipura, challenging the execution proceedings in Ex. Case N...

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