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Supreme Court Allows Decree-Holders' Appeals Against Executing Court's Interim Stay Order in Execution Proceedings. Held That Executing Court Cannot Stay Execution Beyond Order XXI Rule 29 CPC and Must Follow Procedure Under Order XXI Rule 37 CPC Before Arrest.

The case involves appeals by the decree-holders (appellants) against an interim order dated 29th June 2018 passed by the Principal Sub-Judge, Kottayam...

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Supreme Court Allows Landlord's Appeal in Bona Fide Requirement Eviction Case — High Court's Reversal Set Aside for Misreading Pleadings. Landlord's bona fide requirement for additional accommodation for joint family including brother-in-law's family was genuine and not misleading.

The appeals arise from similar orders dated 17.04.2018 passed by a learned Single Judge of the High Court of Delhi at New Delhi in RC. REV. No. 78 of ...

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Supreme Court Allows Appeal in Property Dispute Over Will Interpretation and Gift Deed Validity. High Court Erred in Interfering with First Appellate Court's Factual Finding on Nature of Bequest Under Section 100 CPC and Wrongly Applied Section 14 Hindu Succession Act When Will Conveyed Full Ownership.

The dispute centered on a house property originally owned by Kashirao Sampatrao Deshmukh, who died in 1977 leaving his wife Shevantabai. After Kashira...

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Supreme Court Allows Appeal in Wakf Eviction Suit, Restoring Tribunal's Decree. Suit for Eviction of Tenant from Wakf Property Held Maintainable Before Wakf Tribunal Under Section 83 of Wakf Act, 1995, and Properties Established as Wakf Through Gazette Notification.

The dispute involved the Telangana State Wakf Board and the Mutawalli of a registered Wakf institution (appellants) against Mohamed Muzafar (responden...

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Supreme Court Allows Appeal Against Review Order Deleting Possession Finding in Property Dispute. The High Court exceeded its review jurisdiction under Order 47 Rule 1 CPC by deleting a finding on possession based on non-framing of issue, which was not an error apparent on the face of the record.

The Supreme Court allowed an appeal against the High Court's order in a review petition that deleted a paragraph from its earlier judgment in a proper...

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Supreme Court Allows Appeal in Partition Suit, Restores Concurrent Findings of Courts Below. High Court Exceeded Jurisdiction Under Section 100 CPC by Reappreciating Evidence on Legal Necessity and Antecedent Debt.

The present appeal arises from a partition suit filed by the original plaintiff, Rengan Ambalam, seeking a 1/3rd share in joint family properties, par...

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Supreme Court Dismisses Appeal in Mortgage Redemption Case — Mortgage Extinguished by Act of Parties Under Section 60 TP Act. The right to redeem was extinguished when the mortgagee assignee received the mortgage amount and delivered possession to the decree-holder, even without formal endorsement.

The appellants, Smt. Gowramma and another, were the original plaintiffs who had mortgaged their land in 1980 to Bangarasetty for Rs. 3,000. In 1982, t...