Search Results for "Execution Proceedings"

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Search Results for "Execution Proceedings"

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High Court

Bombay High Court Allows Execution Petition Despite Small Causes Court Decree Alleged Without Jurisdiction — Executing Court Cannot Go Behind Decree Under Section 47 CPC. The executing court dismissed the darkhast on the ground that the decree was passed without jurisdiction, but the High Court held that the executing court cannot go behind the decree and must execute it as it is.

2 Aug 2006

The petitioners, decree holders, obtained a decree dated 14.7.1991 in R.C.S. No. 638/94 from the 2nd Additional Small Causes Court, Nagpur. They filed...

High Court

Bombay High Court Dismisses Petition Challenging Execution of Possession Warrant in Specific Performance Decree. Decree for Specific Performance Implicitly Includes Possession Even Without Express Direction, and Executing Court Can Issue Warrant After Sale Deed Execution.

26 Feb 2020

The petitioner, Baliram Kakde, challenged an order dated 13.06.2018 passed by the executing Court in RD No.38 of 2015, which allowed the application f...

High Court

Bombay High Court Dismisses Judgment Debtor's Writ Petition Challenging Forfeiture of Right to Argue in Execution Proceedings. Repeated Adjournments and Non-Compliance with Cost Order Justify Forfeiture Under Order 21 CPC.

27 Jul 2011

The petitioner, Robert Meghraj Wanjari, was the judgment debtor in Special Summary Suit No.1 of 2010, where a decree was passed against him. He filed ...

High Court

Bombay High Court Dismisses Second Appeal, Upholds Specific Performance Decree for Oral Agreement to Sell Land. Concurrent Findings of Fact Not Interfered With as Plaintiff Proved Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

3 Nov 2025

This second appeal arises from a suit for specific performance of an oral agreement to sell agricultural land. The plaintiff (now represented by legal...

High Court

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.

7 Oct 2021

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...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Execution Order in Specific Performance Suit — Plaintiff Failed to Show Error in Trial Court's Discretion to Allow Amendment of Execution Petition. The court held that allowing amendment to include new survey number in execution proceedings does not amount to modifying the decree, as the property description remained identifiable.

1 Feb 2019

The petitioner, who was the plaintiff in O.S. No.84/2002 on the file of the Civil Judge (Jr.Dn.), Chintamani, filed a suit for specific performance of...

High Court

Bombay High Court Dismisses Appeals Against Execution of Foreign Decree in Mistaken Credit Case. Foreign Judgment for Recovery of USD 5,00,000 Held Conclusive Under Section 13 CPC as Not Contrary to Public Policy.

18 Dec 2017

The appeals arise from a suit filed by BNP Paribas (Switzerland) SA (the respondent bank) for execution of a foreign judgment passed by the District C...

High Court

Bombay High Court Dismisses Writ Petition Challenging Unconditional Stay of Arbitral Award Due to Stamp Duty Deficiency. Arbitration Agreement in Unstamped Member Client Agreement Held Void Ab Initio Under Maharashtra Stamp Act, 1958.

29 Nov 2023

The petitioner, M/s. Anand Rathi Share & Stock Brokers Ltd., challenged an order passed by the District Judge-1, Amravati, which granted unconditional...

High Court

Bombay High Court Dismisses Judgment Debtor's Challenge to Executing Court's Order Allowing Deposit of Balance Consideration in Specific Performance Suit. The court held that the Executing Court has power to permit deposit beyond the decree's time limit when delay is unintentional and no stay is granted.

23 Jan 2020

The petitioner, Ruprao Nagorao Zade, was the judgment debtor in a suit for specific performance of an agreement to sell agricultural land. The suit wa...

High Court

Bombay High Court Allows Appeal Against Order for Possession of Bungalow in Execution of Consent Decree — Third Party Claim of Ownership Requires Proper Inquiry. Court Receiver Not to Take Possession of Property Claimed by Appellant Under Registered Sale Deed Without Adjudication Under Order XXI Rule 58 of Code of Civil Procedure, 1908.

25 Sep 2018

The appellant, Gunjan Pujit Aggarwal, filed an appeal against an order dated 25 July 2018 passed by a learned Single Judge of the Bombay High Court in...

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