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Search Results for "person executing"

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High Court

High Court of Karnataka Quashes Family Court Order in Execution Case for Lack of Jurisdiction — Wife's Maintenance Decree Cannot Be Executed by Arrest Without Proper Notice and Territorial Jurisdiction. The Executing Court's order for arrest of the judgment debtor was set aside as it was passed without notice under Order 21 Rule 37 CPC and without jurisdiction over the respondent residing in West Bengal.

28 Apr 2026

The present writ petition was filed by Mrs. Debolina, the wife and decree holder, seeking issuance of a writ of certiorari to quash the order dated 08...

High Court

High Court of Karnataka Sets Aside Execution Orders in Arbitration Award Enforcement — Petitioner Granted Opportunity to File Objections. Court holds that execution court must consider objections under Section 47 CPC before ordering sale of judgment debtor's property.

30 Jun 2025

The petitioner, Sri Ashish K. Philip, was the judgment debtor in execution proceedings arising out of an arbitration award in favor of the respondent,...

High Court

Karnataka High Court Quashes Attachment Order Passed by Executing Court in Execution Case Involving Gratuity Amount. Gratuity Payable Under Payment of Gratuity Act, 1972 Held Exempt from Attachment Under Section 13 Even After Death of Employee.

23 Jul 2026

The present writ petition was filed under Article 227 of the Constitution of India challenging the order dated 03.06.2021 passed by the Principal Civi...

High Court

Bombay High Court Grants Probate of Will and Codicil in Favor of Executors Despite Caveat by Son — Execution and Attestation Proved Under Section 63 of Indian Succession Act, 1925. The court held that the Will and Codicil were duly executed and attested, and the caveator's allegations of undue influence and lack of testamentary capacity were not substantiated.

11 Jun 2014

The plaintiffs, being three of the executors named in the last Will and Testament dated 16th June, 1999 and a Codicil dated 23rd July, 2001 of Sorabji...

High Court

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.

27 Jun 2025

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

High Court

Bombay High Court at Goa Allows Writ Petition Challenging Execution Order in Eviction Suit — Mundkar Claim Rejected, Adverse Possession Not Proven. The executing court erred in dismissing execution on the ground of adverse possession when the decree was valid and the issue was already decided.

27 Sep 2013

The petitioners, Miss Aura Serafina Crispina de Souza and Miss Agnes Felicia de Souza, are the original decree-holders who obtained an eviction decree...

High Court

High Court of Karnataka Allows Decree Holder's Appeal Against Dismissal of Execution Petition for Non-Prosecution — Restoration Granted on Grounds of Sufficient Cause. The court held that the executing court erred in dismissing the execution petition for default and refusing restoration, as the decree holder had shown sufficient cause for non-appearance.

19 Dec 2019

The appellant, Basavaraj S/o Shamrao Sinigond, as the legal representative of the original decree holder Chandamma, filed a writ appeal against the or...

High Court

Bombay High Court Allows Appeal in Foreign Award Execution Case Due to Property Location. Territorial jurisdiction for execution of foreign award under Section 48 of Arbitration and Conciliation Act, 1996 is determined by location of property to be attached, not by place of cause of action.

30 Jan 2012

The appellant, Wireless Developers Inc., a US company, obtained a foreign arbitral award against the respondent, Indiagames Ltd., an Indian company, f...

High Court

Bombay High Court Dismisses Revision Against Executing Court's Order in Partition Execution — No Jurisdictional Error Found. Executing Court Cannot Go Behind Decree and Objections Under Order 21 Rule 90 CPC Must Be Raised Before Sale Confirmation.

27 Apr 2006

The case arises from a partition suit (Partition Suit No.945 of 1968) filed by the heirs of Bachhusingh, who died intestate on 24-11-1964, concerning ...

High Court

Bombay High Court Allows Writ Petition Challenging Execution of Preliminary Decree in Partition Suit — Execution of Preliminary Decree Without Final Decree Held Non Est. The court held that only a final decree is executable under Order 20 Rule 18 CPC, and execution of a preliminary decree is a nullity.

25 Jan 2022

The petitioners, who were defendants in a partition suit, filed a writ petition challenging orders passed by the Joint Civil Judge, Senior Division, S...

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