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High Court of Bombay Hears Appeal Against Order in Execution Proceedings; Permits Power of Attorney Holder to Argue. Execution of Decree for Possession in Specific Performance Suit Involves Third Party Rights.

This appeal under Clause 15 of the Letters Patent read with Order XXI Rule 103 of the Code of Civil Procedure, 1908, challenged the order of a learned...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit — Order VII Rule 11 CPC Application Not Maintainable After Preliminary Decree. Preliminary Decree Attains Finality After Dismissal of SLP, Plaint Merges into Decree.

The case involves a long-standing partition dispute between the parties. The great-grandmother of Applicant Nos.1 and 2 originally filed Special Civil...

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High Court of Karnataka Quashes Appointment of Commissioner in Final Decree Proceedings for Lack of Notice to Defendants. Order 26 Rule 9 CPC requires notice to all parties before appointing a commissioner for partition, and failure to do so vitiates the order.

The petitioners, who were defendants in a final decree proceeding (FDP No. 2/08) before the Principal Civil Judge, Bijapur, challenged an interim orde...

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Bombay High Court Grants Specific Performance of Agreement to Sell Property Based on Consent Terms. Consent decrees passed against defendant heirs who stepped into shoes of original defendants, confirming plaintiff's right to specific performance of suit agreement.

The plaintiff, Virsen Balwantsingh Solanki, instituted Suit No. 1808 of 1981 in the Bombay High Court for specific performance of an agreement dated 2...

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Bombay High Court Examines Executability of Civil Court Decree in Light of Purchase Certificates Issued Under Bombay Tenancy and Agricultural Lands Act. Decree for Joint Possession Challenged by Judgment-Debtors Claiming Ownership Under Section 32M of the Tenancy Act, Rendering Decree Inexecutable.

The Bombay High Court entertained a writ petition arising from the order dated 28.7.1986 of the Civil Judge, Junior Division, Islampur, rejecting an a...

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Supreme Court Upholds Decision That Compromise Decree in Lease Renewal Dispute Is Merely Declaratory. Direction to Vacate Held Ineffective; Lessor Cannot Unreasonably Withhold Consent for Renewal Under Original Lease Terms.

The case arose from an execution proceeding concerning a compromise decree in a suit for ejectment of lessees of a cinema house known as Uttam Talkies...