Search Results for "Ex-parte Decree"

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Search Results for "Ex-parte Decree"

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High Court

Madras High Court Allows Second Appeal, Remands Case for Fresh Disposal in Property Dispute. First Appellate Court Exceeded Jurisdiction by Granting Relief to Non-Appealing Defendants Without Cross-Appeal Under Section 100 CPC.

30 Mar 2026

The plaintiff, G. Kannan, filed a second appeal before the Madurai Bench of the Madras High Court against the judgment and decree of the Sub Court, Bo...

High Court

Bombay High Court Upholds Condonation of Delay in Setting Aside Ex-Parte Decree in Partition Suit — Liberal Approach Justified by Sufficient Cause and Prejudice Avoidance. The court held that the Trial Court's discretion to condone delay under Section 5 of the Limitation Act, 1963, read with Order IX Rule 13 CPC, was not perverse and did not warrant interference under Section 115 CPC.

18 Nov 2025

The case arises from a partition suit filed by Hiraman Nivrutti Tupe (Applicant No.1) against his father, mother, and brothers, including Ratan Nivrut...

High Court

Bombay High Court Allows Appeal Against Remand Order in Adverse Possession Suit — Trial Court Decree Restored. First Appellate Court Exceeded Jurisdiction by Remanding Suit for Filing Written Statement Despite Proper Procedure Being Followed.

20 Dec 2019

The case arises from a suit for declaration of ownership based on adverse possession filed by the plaintiffs (appellants) against the defendant (respo...

High Court

Bombay High Court Dismisses Husband's Appeal in Nullity of Marriage Case Based on Wife's Sickle Cell Anemia. Sickle Cell Anemia Not a Ground for Voidable Marriage Under Section 12(1)(c) of Hindu Marriage Act as It Is Not a Communicable Disease and No Fraud Proven.

25 Apr 2017

The appellant husband, Pradeep Ambhore, filed a Family Court Appeal before the Bombay High Court challenging the judgment of the Family Court, Akola, ...

High Court

Bombay High Court Dismisses Petition for Custody of Minor Child Filed by Father Residing in USA, Holding That Indian Courts Have Jurisdiction Over Child's Custody When Child Is Ordinarily Resident in India and Mother Has Not Submitted to Foreign Court's Jurisdiction. The court held that the welfare of the child is paramount and that the foreign ex parte order cannot be enforced in India.

15 Jul 2015

The petitioner husband, Dr. Sumit Fogla, and the respondent wife, Shradha Fogla, were married in 2005 in India. The husband was studying medicine in M...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Probate Schedule by Prothonotary. Prothonotary has power to allow amendment of schedule of assets in probate proceedings under Section 317 of Indian Succession Act, 1925.

11 Oct 2013

The petitioners, Mukesh Ramanlal Gokal and Bharat Ramanlal Gokal, filed a petition under the Testamentary and Intestate Jurisdiction of the Bombay Hig...

High Court

Bombay High Court Sets Aside Ex Parte Decree in Summary Suit Due to Lack of Proper Service of Summons. Delay of 164 Days Condoned as Defendant Demonstrated Good Cause for Non-Appearance Under Order XXXVII of CPC, 1908.

15 Jul 2013

The plaintiff, Fountainhead Promotions & Events Pvt Ltd, filed a Summary Suit No. 874 of 2010 against the defendant, Gitanjali Lifestyle Limited, clai...

High Court

Bombay High Court Dismisses Appeal Against Decree for Want of Written Statement in Specific Performance Suit. Failure to File Written Statement Despite Repeated Opportunities Justifies Decree Under Order 8 Rule 5(2) and Rule 10 CPC.

16 Aug 2012

The case arises from a suit filed by the respondent (original plaintiff) against the appellants (original defendants) seeking specific performance of ...

High Court

Bombay High Court Allows Condonation of Delay in Divorce Appeal Due to Alleged Fraud and Suppression of Ex-Parte Decree by Husband. The court found sufficient cause for delay of 5 years 144 days as the wife was unaware of the ex-parte divorce decree obtained allegedly by fraud and suppression.

20 Apr 2012

The appellant, Mrs. Regi Suresh Nair, filed a Civil Application for condonation of delay of 5 years and 144 days in filing an appeal against an ex-par...

High Court

Bombay High Court Allows Appeal Against Exparte Decree in Shipping Dispute — Sets Aside Decree Due to Non-Service of Summons. Court holds that service of summons on defendant's employee at registered office is valid under Order 5 Rule 12 CPC, but failure to serve on defendant No.1 renders decree liable to be set aside.

31 Jul 2006

The case involves an appeal filed by the Shipping Corporation of India Ltd. (original defendant No.1) against an exparte decree dated 8th June 2006 pa...

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