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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 in Specific Performance Case — Delay in Deposit of Balance Sale Consideration Condoned. The court held that the conditional decree was satisfied by deposit under court orders, and the judgment-debtor's right to rescind was lost as he did not seek rescission before deposit.

The appellant, filed a suit for specific performance of an agreement for sale of 3.75 acres of land dated 14.11.2011, wherein the respondent, agreed t...

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Bombay High Court Allows Petition in Execution Proceedings - Limited Inquiry Under Order 21 Rule 101 CPC. Executing Court Not Required to Conduct Full-Fledged Trial When Obstruction is Ex Facie Baseless; Summary Rejection Permissible.

The Bombay High Court addressed the scope of inquiry to be conducted by an Executing Court under Order 21 Rule 101 of the Code of Civil Procedure, 190...

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High Court of Bombay at Goa Sets Aside Appellate Court Order Cancelling Sale Deed for Violating Natural Justice — Affected Third Party Not Heard. Cancellation of Sale Deed and Tri-partite Lease Deed on Injunction Appeal Reversed for Want of Impleadment of Purchaser.

The dispute arose out of Regular Civil Suit No.69/2004 filed by the Plaintiff (Respondent No.1 in all writ petitions) claiming to be a permanent Direc...

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Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Case — Confirms Findings on Default, Subletting, and Bonafide Requirement. Tenants Failed to Comply with Section 15(3) of Maharashtra Rent Control Act, 1999 and Unlawfully Sublet Premises.

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, filed by the original defendants (tenants) chal...

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High Court of Karnataka Dismisses Execution Second Appeal as Not Maintainable Against Order Under Order 21 Rule 11 CPC. Order Allowing Execution Petition Under Order 21 Rule 11 CPC Does Not Amount to a Decree and Hence No Second Appeal Lies.

The case pertains to an Execution Second Appeal filed by B. Kashinath Choudhary against an order dated 11.03.2013 passed by the Principal Civil Judge ...

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Bombay High Court Dismisses Petitioner's Challenge to MRT Order on Res Judicata in Tenancy Proceedings. Earlier Dismissal for Default Does Not Bar Subsequent Proceedings Under Section 32G of Bombay Tenancy and Agricultural Land Act, 1948.

The petitioner, Ashish Chandrasingh Jhaveri, filed a writ petition before the Bombay High Court challenging the order dated 2nd November, 2018 passed ...