Search Results for "section 47 CPC"

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Bombay High Court Dismisses Revision Against Execution Proceedings in Partition Suit — Decree Holder's Right to Execute Decree Not Barred by Limitation or Res Judicata. Execution Application Filed Within 12 Years Under Article 136 of Limitation Act, 1963 is Maintainable.

The petitioners, who were judgment-debtors in a partition suit, filed a Civil Revision Application challenging the order dated 16th April 2004 passed ...

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High Court of Karnataka Dismisses Writ Petition Challenging Jurisdiction of District Judge in Execution Proceedings. Court Holds That Execution Can Be Transferred to Competent Court and District Judge Has Power Under Section 47 CPC.

The petitioner, Sri R. Raghu, filed a writ petition under Article 227 of the Constitution of India challenging the jurisdiction of the 1st Additional ...

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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.

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

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Bombay High Court Dismisses Writ Petition Challenging Execution of Eviction Decree Based on Civil Death Declaration. Objections under Section 47 CPC Held Not Maintainable After Decree Attains Finality.

The petitioners, Jaibunissa and Abdul Hamid Khan, were tenants of premises owned by Salimuiddin Khan. Salimuiddin had inducted them on a long lease. A...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Executing Court's Order Refusing to Recall Warrant of Possession Under Order XXI Rule 97 CPC. Executing Court's Discretion to Refuse Recall of Warrant After Delivery of Possession Upheld as No Material Irregularity Shown.

The petitioners, original decree holders in Execution Application No. 22/2008, filed a writ petition under Article 227 of the Constitution challenging...

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High Court of Karnataka Dismisses Guarantor's Writ Petition in Execution Proceedings — Res Judicata Bars Raising New Defenses in Execution. Guarantor Cannot Resist Decree on Grounds Not Raised in Suit Under Section 47 CPC.

The petitioner, Sri M.C. Ponnappa, was a guarantor for a loan of Rs. 8 lakh taken by the second respondent from the first respondent, State Bank of My...

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Bombay High Court Allows Second Appeal in Specific Performance Execution Dispute — Maintainability of Appeal Under Section 47 CPC Clarified. Court holds that an order rejecting objection under Section 47 CPC is a decree appealable under Section 96 CPC, not revisable under Section 115 CPC.

The present second appeal is filed by the appellant, original plaintiff, aggrieved by the judgment and decree passed by the learned District Judge-9 a...

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Bombay High Court Dismisses Judgment Debtors' Petition Challenging Execution of Decree — Decree Attained Finality Up to Supreme Court. Appointment of Court Commissioner for Measurement and Possession Upheld as Executing Court Cannot Go Behind Decree.

The petitioners, who are judgment debtors, challenged a common order dated 15.09.2023 passed by the learned Joint Civil Judge Junior Division, Kannad,...