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Bombay High Court Allows Amendment in Execution Application to Correct Property Description. Executing Court Has Power to Allow Amendment Under Section 152 CPC to Align Execution with Decree.

The petitioner, as legal representative of the original plaintiff, had obtained a decree in Regular Civil Suit No.12/1997 for recovery of possession o...

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Supreme Court Upholds NCDRC Decision: Execution Cannot Proceed Against Directors/Promoters Not Party to Original Consumer Complaint Decree

The Supreme Court upheld the NCDRC's dismissal of execution applications against directors/promoters of ACIPL, holding that execution must strictly co...

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Bombay High Court Hears Writ Petition Challenging Order in Execution of Specific Performance Decree Pending Since 1978. Court Issues Rule and, with Consent, Takes Up Matter for Final Hearing at Admission Stage.

The writ petition arose from execution proceedings in a specific performance suit that was decreed in 1977 and confirmed in 1982. The respondent (decr...

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Supreme Court Dismisses Appeal Against High Court's Quashing of Revisional Order in Execution Proceedings. Decree Against Single Defendant Without Adjudication Held Null and Void Under Code of Civil Procedure, 1908, Order VIII Rule 10, Rendering Execution Incompetent.

The dispute originated from a civil suit filed by the appellants under section 38 of the Specific Relief Act, 1963, seeking a permanent injunction aga...

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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.

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...

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Bombay High Court Dismisses Tenants' Revision Against Execution of Eviction Decree by Transferee Landlord. Transferee Pendente Lite Held Entitled to Execute Decree Under Order 22 Rule 10 CPC.

The present Civil Revision Application was filed by the tenants (applicants) challenging the order dated 27/28.11.2008 passed by the Appellate Bench o...

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High Court of Bombay at Goa Dismisses Writ Petition Challenging Execution Proceedings — Section 47 CPC Application Properly Rejected as Decree Was Executable Against Judgment Debtors.

The petitioners, original judgment debtors, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 29/01/2018...