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Bombay High Court Allows Bank's Writ Petition Against Trial Court's Order Framing Issues in Execution Proceedings - Sale Certificate Valid Despite Delay in Possession. The Court held that objections to execution were barred by res judicata and the Executing Court could not re-open settled issues.

The Ratnakar Bank Limited (Petitioner) filed a writ petition challenging an order dated 19/08/2014 passed by the learned Civil Judge, Junior Division,...

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Bombay High Court Dismisses Writ Petition Challenging Executing Court's Order Rejecting Objection to Decree Execution by Non-Party. Petitioner, not a party to the suit, cannot raise objections in execution proceedings; matrimonial rights must be agitated in separate suit.

The petitioner, Diksha Rajkumar Hinduja, filed a writ petition challenging an order dated 29.11.2003 passed by the trial court in Regular Darkhast No....

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Bombay High Court Dismisses Bank's Writ Petition Challenging Rejection of Boundary Correction in Execution Proceedings. Executing Court Cannot Modify Decree by Altering Property Description Beyond Decree's Terms Under Section 47 of CPC.

The Petitioner, The Ratnakar Bank Limited, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 12/04/2012 ...

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Bombay High Court Dismisses Petition Claiming Share Under Will in Partition Execution — Will Not Probated Under Section 213 of Indian Succession Act, 1925, Hence Cannot Be Recognized in Execution Proceedings.

The petitioner, Vishnu Ramchandra Undage, was defendant no. 3 in a partition suit (R.C.S. No. 7/1994) filed by respondent no. 1 (plaintiff) against Ra...

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Bombay High Court Allows Petition Under Article 227 Against Executing Court Order Setting Aside Ex-Parte Decree in Execution Proceedings. Executing Court Exceeded Jurisdiction by Reopening Decree Validity After It Had Become Final.

The petitioner, Yashwant Yadav Mhase, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 29.1.2004 passed...