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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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High Court of Karnataka Allows Appeal Against Execution Court Order Dismissing Application to Set Aside Auction Sale for Non-Compliance with Order XXI Rule 84 CPC. Failure to Deposit 25% of Purchase Money on the Same Day as Sale Renders Auction Void.

The appellants, who were judgment debtors in execution proceedings, filed an application under Order XXI Rule 90 read with Section 151 CPC to set asid...

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Bombay High Court Dismisses Petition Challenging Auction Sale Orders in Arbitration Execution Proceedings — No Jurisdictional Error Found in Orders for Proclamation of Sale and Approval of Draft Proclamation Under Order 21 Rule 66 CPC.

The petitioners, Mahesh Rambhau Patil and others, filed a writ petition under Article 227 of the Constitution of India challenging two orders passed b...

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High Court of Bombay at Goa Dismisses Revision Against Execution Orders — Decree Holder Entitled to Possession Despite Alleged Non-Joinder of Necessary Parties. Execution Court Cannot Go Behind Decree; Objections Under Section 47 CPC Not Maintainable.

The applicants (judgment-debtors) filed a civil revision application challenging two orders dated 31/07/2018 and 30/10/2018 passed by the Senior Civil...

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Bombay High Court Allows Writ Petition Challenging Executing Court's Order for Re-delivery of Possession in Partition Suit — Executing Court Cannot Reopen Partition Once Effected by Collector Under Section 47 CPC.

The case arises from a partition suit (Special Civil Suit No. 80 of 1969) filed by the respondents against the petitioner. A decree for partition was ...