Search Results for "executable decree"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "executable decree"

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High Court

Bombay High Court Dismisses Appeal by Obstructionists in Execution of Possession Decree — Upholds Order for Removal of Obstruction Under Order XXI Rule 97 CPC. Decree for possession passed in 1964 suit; obstructionists claiming independent title failed to prove possession prior to decree.

11 Apr 2005

The appeal arose from an order in Chamber Summons No. 597 of 1996 in B.C.C.C. Suit No. 2056 of 1964, decided by the City Civil Court on 24.4.1998. The...

High Court

High Court of Karnataka Allows Revision Petition in Execution Case — Decree Holder Cannot Seek Possession Through Executing Court Without Proper Identification of Property. Executing Court Erred in Dismissing Objector's Application Under Section 151 CPC for Rejection of Execution Petition Due to Lack of Identity of Property.

31 Jan 2024

The case involves a civil revision petition filed by the objector (petitioner) against an order dated 23.05.2023 passed by the XI Additional City Civi...

High Court

Bombay High Court Allows Petition in Execution Proceedings - Limited Inquiry Under Order 21 Rule 101 CPC. Executing Court Not Required to Conduct Full-Fledged Trial When Obstruction is Ex Facie Baseless; Summary Rejection Permissible.

22 Apr 2026

The Bombay High Court addressed the scope of inquiry to be conducted by an Executing Court under Order 21 Rule 101 of the Code of Civil Procedure, 190...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Execution of Permanent Injunction Decree Against Legal Representatives. Decree for Permanent Injunction Binds Legal Representatives of Deceased Judgment-Debtor Under Section 50 CPC and Order 21 Rule 32 CPC.

26 Aug 2014

The petitioners, widow and children of Divira Bolu, challenged the orders passed by the II Additional Civil Judge and JMFC, Kundapura, in Execution Pe...

High Court

High Court of Karnataka Allows Civil Revision Petition in Execution Proceedings for Specific Performance — Decree Not Void for Violation of PTCL Act as Issue Not Raised in Original Suit. Executing Court Cannot Go Behind Decree Under Section 47 CPC; Alleged Violation of Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 Must Be Raised in Suit.

1 Jun 2026

The petitioner (decree holder) filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 30....

Supreme Court

Supreme Court Dismisses Creditor-Bank's Appeal in Insolvency Notice Case — Recovery Certificate Issued by DRT Cannot Form Basis for Insolvency Notice under Section 9(2) of Presidency Towns Insolvency Act, 1909. The Court Holds That Term 'Decree or Order' in Section 9(2) Must Be Strictly Construed to Exclude Recovery Certificates as the Insolvency Act Carries Grave Civil Consequences and Insolvency Notice Is Not a Mode of Execution.

1 Jan 1970

The dispute arose from an attempt by a creditor-bank to initiate insolvency proceedings against a guarantor director based on a recovery certificate i...

High Court

High Court of Karnataka Allows Judgment-Debtor's Petition Seeking Rescission of Contract Under Section 28 of Specific Relief Act — Decree-Holder's Failure to Deposit Balance Consideration Within Stipulated Time Gives Right to Rescission, Subsequent Deposit Does Not Extinguish That Right.

6 Mar 2014

The petitioner, T.L. Rajagopal, was the defendant/judgment-debtor in a suit for specific performance of an agreement of sale dated 16.08.1997 filed by...

High Court

Bombay High Court Hears Writ Petition Challenging Revisional Order Directing Execution Court to Follow Order 21 CPC for Judgment-Debtors' Objections to Consent Decree. The petition concerns execution of a consent eviction decree under the Maharashtra Rent Control Act, 1999, where the judgment-debtors claimed the decree was void due to non-joinder of the landlord.

21 Jul 2017

The petitioner, a monthly tenant of certain premises, sub-let the same to the respondent firm for running a school. Alleging unauthorized commercial u...

High Court

Bombay High Court Dismisses Revision Against Execution of Compromise Decree in Specific Performance Suit — Jurisdiction Objection Waived by Consent Decree. Clause 22 of Agreement Conferring Jurisdiction on Pune Courts Held Binding Despite Property Location in Satara.

19 Oct 2011

The applicant, M/s. Indrayani Foods Ltd., entered into an agreement to sell two properties in Satara district to the respondent, PamPac Machines Pvt. ...

High Court

Bombay High Court Dismisses Second Appeals Against Execution of Decree for Possession, Holding That Objectors Claiming Adverse Possession Must First Establish Their Own Independent Title. Order XXI Rule 97 CPC Objections Cannot Be Used to Re-litigate Title Already Decided Against the Judgment Debtor.

13 Oct 2010

The present appeals arise from execution proceedings initiated by the decree holder (respondent No. 1) to enforce a decree for possession of land adme...

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