Search Results for "third party obstruction"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "third party obstruction"

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High Court

High Court Allows Appeal in Land Dispute, Grants Interim Injunction Against Creating Third-Party Rights. Appellants Challenge Trial Court's Rejection of Injunction in Property Recovery Suit

17 Feb 2026

The Appellants, filed an Appeal from Order under Section 104 read with Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC), challenging the ...

High Court

High Court of Karnataka Quashes Execution Court Order in Recovery of Possession Case — Petitioner's Application for Re-Delivery Dismissed as Not Maintainable Under Order XXI Rule 100 CPC. Court Held That Order XXI Rule 100 CPC Applies Only When Decree Holder Is Not Party to Proceedings, Not When Decree Holder Seeks Possession Against Judgment Debtor.

9 Jul 2024

The petitioner, Smt. Girija Poojarthi, was the defendant No.7 in a suit for recovery of possession (O.S.No.374/1999) which was decreed on 24.07.2007. ...

High Court

Bombay High Court Allows Appeal in Property Dispute Over Development Rights — Interim Injunction Set Aside for Lack of Prima Facie Case. Court holds that a co-operative housing society cannot be restrained from developing its property based on an agreement that was superseded by subsequent consent terms and where the plaintiff failed to demonstrate a clear right to specific performance.

5 Jun 2023

The dispute pertains to a property bearing CTS No. 229 and 267, admeasuring 1392.12 sq. meters, situated at Nehru Nagar Housing Board Colony, Kurla (E...

Supreme Court

Supreme Court Upholds Enforcement of Foreign Award Against NAFED in Groundnut Export Dispute — Government Refusal Does Not Excuse Breach Under FOSFA Contract. The court held that a canalizing agency cannot rely on its own lack of permission as a force majeure event under Clause 14 of the FOSFA 20 Contract, and enforcement of the award is not against public policy despite procedural irregularities.

22 Apr 2020

The case involves a dispute between National Agricultural Cooperative Marketing Federation of India (NAFED), a canalizing agency for the Government of...

High Court

High Court of Karnataka Quashes State Order Removing Lands from Mining Lease in Mineral Auction Dispute. Transfer of Mining Lease Valid Under Rule 22(6) of MCR 1960, State Cannot Unilaterally Excise Lease Area for Auction Without Following Due Process.

19 Nov 2019

The petitioner, M/s. J.K. Cement Limited, held a mining lease (ML No. 2344A) over certain lands in Metagudda Village, Mudhol Taluk, Bagalkot District,...

High Court

High Court of Karnataka Allows Writ Petitions Challenging Execution Court Order in Suit for Specific Performance - Decree Holder's Application for Possession Through Commissioner Dismissed as Executing Court Cannot Go Beyond Decree. Executing Court Cannot Order Delivery of Possession When Decree for Specific Performance Does Not Specifically Direct Possession Under Order 21 Rule 35 CPC.

30 Jul 2015

The petitioners, legal representatives of the original plaintiff N.H. Shivamurthy, filed writ petitions under Article 227 of the Constitution of India...

High Court

Bombay High Court Dismisses Second Appeal in Execution Proceedings — Third Party Objections Rejected for Lack of Evidence. Appellants failed to prove independent possession prior to attachment under Order 21 Rule 97 CPC, resulting in dismissal of objections and restoration of possession to decree holder.

18 Dec 2014

The case arises from execution proceedings initiated by Respondent No. 1 (decree holder) against Respondent No. 2 (judgment debtor). The appellants, c...

High Court

High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Courts Below. No Substantial Question of Law Arises Under Section 100 CPC as the Defendant Failed to Show Perversity in the Findings of Fact.

8 Dec 2014

The case involves a second appeal filed by the defendant in a suit for specific performance. The original plaintiff had filed OS 198/1991 for specific...

High Court

Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

20 Feb 2014

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...

High Court

Bombay High Court Dismisses Second Appeals Against Execution of Decree for Possession, Holding That Objectors Claiming Adverse Possession Must First Establish Their Own Independent Title. Order XXI Rule 97 CPC Objections Cannot Be Used to Re-litigate Title Already Decided Against the Judgment Debtor.

13 Oct 2010

The present appeals arise from execution proceedings initiated by the decree holder (respondent No. 1) to enforce a decree for possession of land adme...

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