Search Results for "ex-parte hearing"

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Search Results for "ex-parte hearing"

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High Court

Bombay High Court Upholds Condonation of Delay in Setting Aside Ex-Parte Decree in Partition Suit — Liberal Approach Justified by Sufficient Cause and Prejudice Avoidance. The court held that the Trial Court's discretion to condone delay under Section 5 of the Limitation Act, 1963, read with Order IX Rule 13 CPC, was not perverse and did not warrant interference under Section 115 CPC.

18 Nov 2025

The case arises from a partition suit filed by Hiraman Nivrutti Tupe (Applicant No.1) against his father, mother, and brothers, including Ratan Nivrut...

High Court

Madras High Court Allows Writ of Mandamus for Patta Issuance Based on Civil Court Decree — Ex Parte Decree Not Set Aside Attains Finality, Respondents Directed to Consider Representation Within Six Weeks.

24 Jan 2025

The petitioner, B. Ganesan, a senior citizen aged about 74 years, filed a writ petition under Article 226 of the Constitution of India seeking a writ ...

Supreme Court

Supreme Court Allows Appeal Against High Court's Dismissal of Second Appeal as Time-Barred, Condoning Delay of 650 Days in Specific Performance Suit. The Court held that the High Court erred in rejecting the condonation application without proper enquiry into the appellant's explanation of non-service of notice due to address change, applying a liberal approach under Section 5 of the Limitation Act, 1963.

8 Oct 2021

The dispute originated from a suit for specific performance of an agreement to sell dated 18.2.1998 concerning agricultural land. The trial court part...

High Court

High Court of Karnataka Allows Second Appeal in Property Suit — Reverses First Appellate Court's Decision and Restores Trial Court's Decree. Court Holds That the First Appellate Court Failed to Properly Reappreciate Evidence and Erred in Reversing the Well-Reasoned Judgment of the Trial Court.

25 Apr 2019

The present regular second appeal was filed by the plaintiffs, Parvathamma and Lokesh H., challenging the judgment and decree dated 10.11.2004 passed ...

High Court

Bombay High Court Extends Time for Payment Under Section 148 CPC Despite Plaintiff's Objection in Consent Decree Default Case. Court holds that Section 148 CPC empowers the court to extend time for payment in a consent decree for reasonable cause, even without the consent of the decree-holder.

30 Aug 2016

The case arises from a Notice of Motion filed by the Defendants (Applicants) to set aside an ex parte decree dated 19 December 2012 in Summary Suit No...

High Court

Bombay High Court Allows Municipal Council's Challenge to Labour Court Awards in Retrenchment Compensation Cases. Payment of Retrenchment Compensation Shortly After Termination Held Sufficient Compliance with Section 25F of Industrial Disputes Act, 1947.

9 Jul 2015

The Ahmednagar Municipal Council filed multiple writ petitions challenging the common judgment and order of the Labour Court, Ahmednagar, dated 30th A...

High Court

Bombay High Court Dismisses Husband's Divorce Appeal in Hindu Marriage Act Case — Failure to Prove Cruelty or Desertion After Decree of Restitution of Conjugal Rights. Court holds that mere non-compliance with restitution decree does not automatically entitle husband to divorce under Section 13(1-A)(ii) of Hindu Marriage Act, 1955 without proof of additional grounds.

14 Oct 2014

The appellant-husband, Arun Marathe, filed an appeal against the judgment and decree of the Family Court, Aurangabad, dismissing his petition for divo...

High Court

Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

17 Dec 2012

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

High Court

Bombay High Court Dismisses Appeal Against Decree for Want of Written Statement in Specific Performance Suit. Failure to File Written Statement Despite Repeated Opportunities Justifies Decree Under Order 8 Rule 5(2) and Rule 10 CPC.

16 Aug 2012

The case arises from a suit filed by the respondent (original plaintiff) against the appellants (original defendants) seeking specific performance of ...

High Court

Bombay High Court Allows Appeal Against Dismissal of Application to Set Aside Ex-Parte Decree — Decree Set Aside on Condition of Costs. Ex-parte decree set aside as defendant had sufficient cause for absence and application was maintainable under Order IX Rule 13 CPC.

22 Jun 2005

The appellant, original defendant No.2, suffered an ex-parte decree dated 12.11.2003 for want of filing a written statement. He filed a notice of moti...

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