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Supreme Court Reverses High Court Order Condoning 1312-Day Delay in Setting Aside Exparte Decree for Specific Performance. Delay Not Explained and Application Found to be an Afterthought.

The case arises from a suit for specific performance of a sale agreement executed in 2013. The plaintiff (appellant) agreed to purchase property joint...

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Bombay High Court Dismisses Revision Against Obstructionist Notice in Eviction Execution — Successor-in-Interest Cannot Resist Possession After Tenant's Undertaking to Vacate

The case arises from an eviction suit filed by the original plaintiff (landlord) against the original defendant (tenant) in respect of Room No.8 at Kr...

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High Court of Gujarat Dismisses Revision by Union of India in Arbitration Award Execution — Interest Calculation Upheld. Executing Court Cannot Go Behind Decree; Order Directing Deposit of Outstanding Amount with Interest at 15% Per Annum Sustained.

The Union of India filed a revision under Section 115 of the Code of Civil Procedure, 1908 against an order dated 02.05.2003 passed by the Judge, Cour...

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Bombay High Court Dismisses Union of India's Revision Against Mesne Profits Award from Date of Suit. Mesne Profits Enquiry Cannot Go Behind Decree Directing Payment from Date of Institution.

The Union of India, as tenant of a building known as Boyce Building in Mumbai, was sued for eviction by the landlord Dr. Sam Framrose Boyce in 1979 un...

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Bombay High Court Allows Appeal Against Dismissal of Writ Petition Challenging Cooperative Court Order in Bank Loan Recovery Dispute. Limitation Period for Filing Execution Application Under Section 101 of Maharashtra Cooperative Societies Act, 1960 Is 12 Years, Not 3 Years.

The appeal arises from an order dated 3 November 2004 of a learned Single Judge of the Bombay High Court dismissing the Appellant's Writ Petition No.2...