Search Results for "decree absolute"

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Search Results for "decree absolute"

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High Court

Bombay High Court Dismisses Judgment Debtors' Challenge to Execution of Decree for Specific Performance — Time Extension for Deposit of Balance Consideration Upheld. Executing Court's Discretion to Extend Time Under Section 28 of Specific Relief Act, 1963 is Not Barred by Limitation if Decree is Alive and Enforceable.

12 Sep 2023

The case arises from a decree for specific performance of an agreement for sale dated 20th February 1989 in respect of agricultural land. The original...

High Court

Bombay High Court Dismisses Execution Application for Interest on Arbitral Award During Pendency of Challenge — Bank Guarantee Furnished Under Supreme Court Order Constitutes Payment into Court Under Order 21 Rule 1 CPC

1 Mar 2017

The case involves an execution application filed by Bhadani Associates (the claimant/decree-holder) seeking to enforce an arbitral award dated 16th Ja...

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...

Supreme Court

Supreme Court Quashes High Court Order Allowing Amendment of Plaint in Partition Suit Due to Lack of Due Diligence and Impermissible Challenge to Compromise Decree. Amendment Sought at Fag End of Trial to Add Declaration Prayer Was Rejected as Oversight Alone Does Not Satisfy Proviso to Order VI Rule 17 CPC and Remedy for Compromise Decree Lies Only Before Same Court Under Order XXIII Rule 3 CPC.

29 Feb 2024

The dispute arose from a suit for partition of ancestral property filed by respondents No. 1 and 2 in 2005. They pleaded the existence of a compromise...

High Court

High Court of Bombay at Goa Dismisses Revision Against Execution Orders — Decree Holder Entitled to Possession Despite Alleged Non-Joinder of Necessary Parties. Execution Court Cannot Go Behind Decree; Objections Under Section 47 CPC Not Maintainable.

14 Mar 2019

The applicants (judgment-debtors) filed a civil revision application challenging two orders dated 31/07/2018 and 30/10/2018 passed by the Senior Civil...

High Court

High Court of Karnataka Quashes Lok Adalat Compromise Decree in Partition Suit Due to Fraud and Non-Compliance with Section 20 of Legal Services Authorities Act, 1987. Petitioner, a 76-year-old widow and non-party to the compromise, successfully challenged the decree as her share was affected without her consent.

24 Jun 2026

The petitioner, Smt. Mangal W/o Iragouda Patil, a 76-year-old widow, filed a writ petition under Articles 226 and 227 of the Constitution of India cha...

Supreme Court

Hindu Succession Act, 1956 – Adoption & Absolute Ownership – Sale and Gift Deeds – Partition & Legal Heirship – Validity of Transactions. Adoption does not divest property already vested – Absolute ownership under Section 14(1) of the Hindu Succession Act – Validity of Sale and Gift Deeds examined.

2 Jan 2025

Acts and Sections Discussed: Constitution of India, 1950 – Article 136 (Special Leave to Appeal) Code of Civil Procedure, 1908 – Order 2...

High Court

Bombay High Court Allows Appeal Against Rejection of Application to Set Aside Ex Parte Decree — Remands for Fresh Consideration on Merits. Trial Court's Failure to Consider Sufficient Cause Under Order IX Rule 13 CPC Constitutes Failure to Exercise Jurisdiction.

1 Sep 2023

The appeal arises from an order dated 15 November 2021 passed by the City Civil Court, Bombay, rejecting Notice of Motion No.3946 of 2019 filed by the...

High Court

Karnataka High Court Dismisses Writ Petition Challenging Lok Adalat Compromise Decree in Partition Suit: Third Party Not Permitted to Invoke Article 226 Against Lok Adalat Award. Writ Remedy Not Available to Strangers to Decree; Proper Recourse Is to File a Separate Suit for Declaration and Partition.

15 Dec 2025

The writ petition was filed under Articles 226 and 227 of the Constitution of India by five individuals claiming to be members of the same family as t...

Supreme Court

Supreme Court Allows Appellant in Civil Procedure Dispute Over Maintainability of Appeal Against Consent Decree. Court Held That Party to Suit Can Directly File First Appeal Under Section 96 of Code of Civil Procedure, 1908, Despite Section 96(3) Bar, as 1976 Amendment Introduced Order XLIII Rule 1-A(2) Preserving Such Remedy.

23 Apr 2025

The appeal arose from a dispute over land in Siddhpur, District Patan, involving multiple parties including the appellant Sakina Sultanali Sunesara an...

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