Search Results for "Execution Proceedings"

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Bombay High Court Dismisses Writ Petition Challenging Impleadment in Execution Proceedings. Executing Court's Order Allowing Impleadment of Legal Heirs Upheld Under Order 1 Rule 10 CPC Despite Prior Deletion Based on Release Deed.

The petitioner, Bhausaheb Dattatray Patil, was the original owner of the suit property. He filed Regular Civil Suit No.95 of 1985 for possession again...

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High Court of Karnataka Allows Revision Against Restoration of Possession in Execution Proceedings — Compromise Decree Set Aside Without Notice to Decree Holder Violates Natural Justice. Order XXI Rule 99 CPC Application Cannot Be Decided Without Hearing the Decree Holder.

The petitioner, Smt. Leelavathi, filed a civil revision petition under Section 18 of the Karnataka Small Causes Courts Act, 1964, challenging an order...

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Bombay High Court Dismisses Petition Claiming Share Under Will in Partition Execution — Will Not Probated Under Section 213 of Indian Succession Act, 1925, Hence Cannot Be Recognized in Execution Proceedings.

The petitioner, Vishnu Ramchandra Undage, was defendant no. 3 in a partition suit (R.C.S. No. 7/1994) filed by respondent no. 1 (plaintiff) against Ra...

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High Court of Karnataka Dismisses Ex-Husband's Petition in Execution of Maintenance Decree for Muslim Divorced Wife. Court Emphasizes Expeditious Execution of Maintenance Decrees and Lamented Two-Decade Delay.

The case involves a writ petition filed by Ezazur Rehman, the ex-husband, challenging an order on I.A.No.10 passed by the I Additional Principal Famil...

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Bombay High Court Dismisses Third Party Claim for Attachment of Movables in Execution Proceedings — Corporate Veil Lifted as Judgment Debtor's Company Fails to Prove Ownership of Attached Goods.

The present chamber summons was taken out by Khanna Rayon Industries Private Limited seeking raising of attachment of movables lying in flat no. 22B, ...

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Bombay High Court Dismisses Third Party Claim in Execution Proceedings — Minor's Ownership Claim Over Attached Flat Rejected for Lack of Evidence. Co-Partnership Society Flat Allotted to Judgment Debtor's Father Cannot Be Claimed by Minor Grandson Without Proof of Transfer.

The case involves execution proceedings arising from a decree passed in Summary Suit No.491 of 1999 on 18th March 2002 in favor of the Judgment Credit...