Search Results for "ex-parte decree"

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Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
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Search Results for "ex-parte decree"

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High Court

Bombay High Court Allows Second Appeal in Property Dispute, Sets Aside First Appellate Court's Decree for Non-Compliance with Order 8 Rule 10 CPC and Abatement of Appeal. The court held that the first appellate court failed to assign reasons for reversing the trial court's findings and that the appeal abated due to non-joinder of legal representatives of deceased defendants.

9 Aug 2019

The dispute pertains to ancestral joint family property originally owned by Rau Salunkhe, who had two sons, Bapu and Bajrang. The respondent No.1, Sun...

High Court

Bombay High Court Dismisses Revision Against Eviction Decree in Tenant Eviction Case — Bonafide Requirement and Lapse of Lease Term Upheld. The concurrent findings of fact by the trial court and appellate court were not shown to be perverse or illegal, and the revision was dismissed.

26 Mar 2015

The case involves a civil revision application filed by the original defendant (tenant) against the respondent (original plaintiff/landlord) challengi...

High Court

Bombay High Court Dismisses Appeals in Property Dispute Between Education Society and Nagpur Improvement Trust — Declaration of Ownership Denied Due to Lack of Proof and Limitation. The court upheld the trial court's refusal to grant declaration but maintained the injunction against demolition.

7 Jul 2014

The case involves two second appeals arising from a suit filed by The Shriram Education Society and others (appellants in SA 19/2013) against the Nagp...

High Court

Madras High Court Allows Revision Petition in Partition Suit, Sets Aside Dismissal of Restoration Application Due to COVID-19 Delay. Court Holds That Length of Delay Alone Not Decisive; Equitable Considerations and Lack of Final Decree Proceedings Warrant Opportunity to Contest.

2 Jan 2026

The case arises from a partition suit filed by the respondent (sister) against the petitioner (sister-in-law) in O.S.No.212 of 2011 before the Subordi...

High Court

Madras High Court Dismisses Contempt Petitions Against Judgment Debtor and Sub Registrars for Alleged Willful Disobedience of Prohibitory Order and Communication Order in Execution Proceedings. Court Holds That Prohibitory Order Under Order 21 Rule 54 CPC Does Not Create a Charge on Property and That Sub Registrars Are Not Bound by Such Orders Unless Property Is Attached.

11 Feb 2026

The petitioner, D. Chandrasekaran, represented by his power agent A. Dakshnamoorthy, filed two contempt petitions. The first, Cont.P.No.1723 of 2025, ...

High Court

Madras High Court Dismisses Contempt Petitions Against Judgment Debtor and Sub Registrars for Alleged Willful Disobedience of Prohibitory Order and Communication Order in Execution Proceedings. Court Held That the Prohibitory Order Under Order 21 Rule 54 CPC Was Not Served on the Judgment Debtor and the Communication Order Was Not a Mandatory Direction, Thus No Willful Disobedience Established.

11 Feb 2026

The petitioner, A. Dakshnamoorthy, as power agent of his son D. Chandrasekaran, filed two contempt petitions. The first (Cont.P.No.1723/2025) was agai...

High Court

Bombay High Court Allows Appeal in Suit for Possession and Mesne Profits — Held that the Trial Court Erred in Dismissing Suit for Non-Prosecution Without Considering Merits and That the Suit Was Not Abated Despite Death of Sole Proprietor as Legal Representatives Were Brought on Record.

30 Nov -0001

The present appeal arises from a suit filed in 1983 by the original plaintiffs (respondents herein) against the original defendant, Bitesh Hanumantrao...

High Court

High Court of Karnataka Allows Appeal Against Dismissal of Objector's Applications in Execution Proceedings — Held That Executing Court Must Determine Rights of Third Party Objector Under Order 21 Rules 97-101 CPC Before Proceeding with Possession. The court set aside the order dismissing I.A.Nos.7 to 11 and remanded the matter for fresh adjudication.

18 Oct 2021

The appellant, M. Venkatachalam, was an objector in execution proceedings (Ex.No.1863/2015) arising out of a decree in O.S.No.2781/2001. The decree ho...

High Court

High Court of Karnataka Allows Second Appeal in Property Suit — Reverses First Appellate Court's Decision and Restores Trial Court's Decree. Court Holds That the First Appellate Court Failed to Properly Reappreciate Evidence and Erred in Reversing the Well-Reasoned Judgment of the Trial Court.

25 Apr 2019

The present regular second appeal was filed by the plaintiffs, Parvathamma and Lokesh H., challenging the judgment and decree dated 10.11.2004 passed ...

Supreme Court

Supreme Court Allows Appeal Against High Court's Dismissal of Second Appeal as Time-Barred, Condoning Delay of 650 Days in Specific Performance Suit. The Court held that the High Court erred in rejecting the condonation application without proper enquiry into the appellant's explanation of non-service of notice due to address change, applying a liberal approach under Section 5 of the Limitation Act, 1963.

8 Oct 2021

The dispute originated from a suit for specific performance of an agreement to sell dated 18.2.1998 concerning agricultural land. The trial court part...

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