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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "person executing"

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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

High Court of Karnataka Allows Appeal in Execution Proceedings — Appellants' Application Under Order 21 Rules 97, 98, 101 CPC Rejected by Executing Court Set Aside. Court Holds That Executing Court Must Determine Rights of Third Parties Claiming Independent Possession Under Order 21 Rule 101 CPC Before Confirming Sale.

19 Sep 2022

The present appeal was filed by the appellants, who were the legal heirs of the original judgment-debtor, Hiranappa (since deceased), and other family...

High Court

Karnataka High Court Considers Writ Petition Against Rejection of Obstruction Application in Execution Proceedings. Execution Court Dismissed Application Under Order XXI Rule 97 Without Enquiry, Allegedly Violating Order XXI Rule 101 CPC.

13 Dec 2024

The petitioner, a third party objecting to the execution of a decree for vacant possession, challenged the order of the Principal Civil Judge and JMFC...

High Court

High Court of Karnataka Dismisses Petitioner's Writ Petition Challenging Execution Court Order in Permanent Injunction Case — Decree for Bare Injunction Cannot Be Executed After Road Construction Without Mandatory Injunction or Possession Relief.

12 Apr 2016

The petitioner, Kareppa, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging an order dated 23 March 2015 passed ...

High Court

Bombay High Court at Goa Dismisses Petition Challenging Execution Proceedings Order in Eviction Case — Upholds Trial Court's Discretion to Appoint Commissioner for Possession Delivery Under Order 21 Rule 35 CPC. The High Court held that the trial court's order appointing a commissioner to deliver possession did not suffer from any jurisdictional error or perversity warranting interference under Article 227 of the Constitution.

29 Mar 2019

The petitioners, original defendants in a suit, challenged an order dated 06/05/2018 passed by the Civil Judge, Panaji in Execution Proceedings. The t...

High Court

Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

24 Aug 2018

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...

High Court

High Court of Karnataka Allows Appeal in Execution Proceedings — Third Party Claimants Can File Application Under Order 21 Rule 97 CPC Despite Not Being Parties to Original Suit. Order 21 Rule 97 CPC Provides Remedy to Any Person, Including Strangers to Decree, Who Is Obstructed in Possession of Property in Execution.

12 Oct 2023

The appeal arises from an execution proceeding in E.P. No. 161/2016 on the file of the I Additional Senior Civil Judge, Ballari. The respondent, K. Ra...

Supreme Court

Supreme Court Allows Appeal in Partition Suit Execution — Objection to Territorial Jurisdiction Cannot Be Raised in Execution Proceedings Under Section 47 CPC. The Court held that an objection to territorial jurisdiction must be raised at the earliest opportunity in the trial court under Section 21 CPC and cannot be entertained in execution unless lack of inherent jurisdiction appears on the face of the record.

7 Jan 2019

The appeal arose from a judgment of the High Court of Jharkhand which restored an objection under Section 47 CPC filed by the first respondent in exec...

High Court

Bombay High Court Allows Decree Holder's Writ Petition Against Obstruction by Third Party in Execution Proceedings — Order 21 Rule 97 CPC. Objection by brother of judgment-debtor claiming independent possession held to be abuse of process where decree of eviction under Section 6 of Specific Relief Act had been confirmed by Supreme Court.

31 Aug 2018

The petitioner, Kailashchandra Agrawal, obtained a decree of eviction against respondent No.1 (Kochaveedu Varghese Joseph) in Special Civil Suit No.51...

High Court

High Court of Karnataka Dismisses Revision Petition in Eviction Case — Objectors Failed to Prove Independent Possession. Order 21 Rule 97 CPC Application Dismissed as Objectors Were Already Parties to Eviction Decree and Did Not Establish Independent Right to Resist Execution.

20 Jun 2014

The petitioners, who were objectors in an eviction execution proceeding, filed a revision petition under Section 115 CPC against the order of the III ...

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