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Supreme Court Upholds Execution Court's Power to Extend Time for Deposit in Specific Performance Decree Despite Delay. Section 28 of Specific Relief Act, 1963 vests jurisdiction in the court executing the decree to extend time and reject rescission where decree-holder was ready and willing.

The case arises from a suit for specific performance of an agreement to sell dated 18.05.2005. The trial court decreed the suit in part, directing ref...

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High Court of Karnataka Quashes Megha Lok Adalat Decree in Property Suit — Petitioner Not a Party to Compromise. Decree Passed Without Jurisdiction as Dispute Was Not Referable to Lok Adalat Under Section 20 of Legal Services Authorities Act, 1987.

The petitioner, Kishore Baldev Bajaj, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash a decree dated 25...

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Bombay High Court Dismisses Writ Petition Challenging Execution of Eviction Decree Based on Civil Death Declaration. Objections under Section 47 CPC Held Not Maintainable After Decree Attains Finality.

The petitioners, Jaibunissa and Abdul Hamid Khan, were tenants of premises owned by Salimuiddin Khan. Salimuiddin had inducted them on a long lease. A...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Recall Order in Execution Proceedings. Judgment Debtor's Application Under Section 151 CPC for Recalling Order Dated 10.07.2024 Was Rightly Dismissed as Not Maintainable.

The petitioner, M/s Pushpam Realty, a partnership firm, is the judgment debtor in Execution No.1075/2020 pending before the III Additional City Civil ...

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High Court of Bombay at Goa Considers Whether Ecclesiastical Annulment Retains Civil Effects After Article 19 of Decree Law 35461 Struck Down. Petitioner Seeks Mandamus to Cancel Marriage Entry Following Canonical Nullity Decree.

The Petitioner, a 33-year-old woman, filed a writ petition before the High Court of Bombay at Goa seeking mandamus to direct the Civil Registrar to ca...

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Bombay High Court Examines Executability of Civil Court Decree in Light of Purchase Certificates Issued Under Bombay Tenancy and Agricultural Lands Act. Decree for Joint Possession Challenged by Judgment-Debtors Claiming Ownership Under Section 32M of the Tenancy Act, Rendering Decree Inexecutable.

The Bombay High Court entertained a writ petition arising from the order dated 28.7.1986 of the Civil Judge, Junior Division, Islampur, rejecting an a...

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Bombay High Court Allows Execution Petition in Limitation Dispute — Decree Merger with Appellate Decree Determines Starting Point for Article 136 Limitation Act, 1963. Doctrine of merger applied to hold that limitation for execution runs from date of appellate decree, not trial court decree.

The case involves a writ petition under Article 227 of the Constitution of India challenging an order of the executing court dismissing the petitioner...

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High Court of Karnataka Quashes Appointment of Commissioner in Final Decree Proceedings for Lack of Notice to Defendants. Order 26 Rule 9 CPC requires notice to all parties before appointing a commissioner for partition, and failure to do so vitiates the order.

The petitioners, who were defendants in a final decree proceeding (FDP No. 2/08) before the Principal Civil Judge, Bijapur, challenged an interim orde...

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Bombay High Court Dismisses Judgment Debtor's Writ Petition Challenging Execution of Possession Decree in Landlord-Tenant Dispute. Repeated objections to execution of decree for possession of two rooms rejected as abuse of process under Order 21 Rule 35 of Code of Civil Procedure, 1908.

The petitioner, Warna Valley Sahkari Kharedi Vikri Society Limited, was the tenant of the respondents in a suit property. The respondents filed Regula...