Search Results for "Execution Proceedings"

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Bombay High Court Dismisses Second Appeal in Specific Performance Execution — Res Judicata Bars Fresh Objection After Earlier Rejection. Objector Cannot Re-agitate Same Issue Under Different Exhibit Number When Earlier Objection Under Section 47 CPC Was Decided on Merits and Attained Finality.

The appellant, Nandkishor Hemraj Khandelwal, was the plaintiff in Regular Civil Suit No.2 of 2001 for specific performance of an agreement against res...

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Bombay High Court Allows Legal Heir to Be Brought on Record in Final Decree Proceedings Without Setting Aside Abatement. Final Decree Proceedings Are Execution Proceedings; Order 22 Rules 3, 4, 8 CPC Not Applicable.

The case involves a Civil Revision Application filed by Anuradha Vasantrao Ghorpade, the legal heir of Vasantrao Tatyaso Ghorpade (deceased), challeng...

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Bombay High Court Dismisses Contempt Petition Against Office Bearers of Ayyappa Samajam for Alleged Violation of Consent Terms. Court holds that contempt proceedings are not maintainable against persons who are not parties to the consent terms and that the remedy lies in execution proceedings.

The petitioners filed a contempt petition alleging that the respondents, office bearers of Ayyappa Samajam, Nagpur, violated consent terms recorded in...

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Bombay High Court Dismisses Revision Against Lok Adalat Decree in Specific Performance Suit — Compromise Decree Held Final Under Section 21 of Legal Services Authorities Act. Consideration in Compromise Agreement is Implicit in Mutual Settlement, Not Subject to Challenge Under Indian Contract Act.

The case involves a Civil Revision Application filed by the judgment debtor (applicant) challenging the order dated 6.4.2017 passed by the executing C...

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Bombay High Court Allows Amendment of Decree Without Amending Judgment in Execution Proceedings — Order-XX Rule 6 CPC. The Court held that a decree can be amended to correct property description without amending the judgment, as per Order-XX Rule 6 of the Code of Civil Procedure, 1908.

The case involves a second appeal arising from execution proceedings. The respondents (original plaintiffs) had filed a suit for possession of land an...

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High Court of Karnataka Dismisses Auction Purchaser's Writ Petition Challenging Rejection of Interest Claim on Fixed Deposit in Execution Proceedings. Court Holds That Interest on Fixed Deposit Accrues to the Decree Holder, Not the Auction Purchaser, Under Section 151 CPC.

The petitioner, Sri S.R. Venkatesh Babu, was the auction purchaser of a portion of the subject property in Execution Petition No.2420/2002 pending bef...

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High Court of Karnataka Dismisses Auction Purchaser's Writ Petition Challenging Rejection of Interest Claim on Fixed Deposit in Execution Proceedings. Court holds that interest on fixed deposit cannot be claimed under Section 151 CPC without specific provision in the decree or order.

The petitioner, Sri S.R. Venkatesh Babu, was the auction purchaser of a portion of the subject property in Execution Petition No.2420/2002 pending bef...