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Bombay High Court Recalls Ex Parte Decree Due to Non-Compliance with Service Rules. Service of Summons Not in Accordance with Bombay High Court (Original Side) Rules, Leading to Recall of Decree Under Order IX Rule 13 CPC.

The case involves a Notice of Motion filed by Defendants Nos. 2 to 4 under Order IX Rule 13 of the Code of Civil Procedure, 1908 (CPC) to recall an ex...

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Supreme Court Allows Wife's Appeal in Maintenance Case: Decree for Restitution of Conjugal Rights Does Not Automatically Bar Maintenance Under Section 125(4) CrPC. Wife's Refusal to Return to Matrimonial Home Must Be Based on 'Reasonable Excuse' and Burden on Husband to Prove Wilful Neglect.

The appellant, Rina Kumari (wife), and respondent No. 1, Dinesh Kumar Mahto (husband), were married on 01.05.2014 and separated in August 2015. The hu...

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Bombay High Court Allows Writ Petition to Quash Compromise Decree in Suit for Declaration of Ownership and Injunction — Held That Compromise Decree Was Not Validly Passed as It Was Based on a Consent Term That Was Contrary to Law and Without Jurisdiction.

The case involves a dispute over property ownership. The original petitioner, Narhar Rango Kulkarni (since deceased, represented by legal heirs), file...

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Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

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High Court of Karnataka Dismisses Ex-Husband's Petition in Execution of Maintenance Decree for Muslim Divorced Wife. Court Emphasizes Expeditious Execution of Maintenance Decrees and Lamented Two-Decade Delay.

The case involves a writ petition filed by Ezazur Rehman, the ex-husband, challenging an order on I.A.No.10 passed by the I Additional Principal Famil...

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Commercial Division of High Court of Karnataka Examines Claim of Joint Ownership in Property Attachment Objection Under Order XXI Rule 58 CPC. Dispute Concerns Whether Judgment Debtor Has Share in Self-Acquired Property of Father Despite Gift Deed Executed Prior to Attachment.

The matters arose from execution proceedings concerning two decrees obtained by related decree holders against a judgment debtor, a sole proprietor. T...

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Bombay High Court Allows Landlords' Writ Petition in Rent Control Eviction Case — Ex Parte Decree Restored. Tenant Failed to Show Sufficient Cause for Absence Under Order 9 Rule 13 CPC; Decree for Possession on Grounds of Default, Subletting, and Profiteering Under Bombay Rent Act Upheld.

The petitioners, landlords of the suit premises, filed a suit for possession against the tenant (respondent no.1) and alleged subtenants (respondent n...