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Bombay High Court Allows Possessors to Pay Decretal Amount to Avoid Auction in Execution Proceedings. Decree Holder Cannot Insist on Auction When Possessor Willing to Satisfy Decree Under Order 21 Rules 64 and 83 of Code of Civil Procedure, 1908.

The petitioners, Lalit Malick, Shyam Malick, and Madhu Bhatti, filed a writ petition challenging the execution proceedings of a decree passed in Comme...

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Bombay High Court Dismisses Second Appeal in Partition Suit, Holds Partial Abatement Only. Death of some appellants during pendency of appeal does not abate entire appeal; decree not a nullity under Order 22 CPC.

The case involves a second appeal arising from a suit for partition and separate possession. The original suit was filed by the plaintiffs (now respon...

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Bombay High Court Allows Amendment of Written Statement in Civil Suit — Liberal Approach to Pleadings Under Order 6 Rule 17 CPC. The court held that an amendment to amplify an existing plea should be liberally allowed before trial, and the due diligence requirement is not an absolute bar.

The petitioner, Shri Cesar Augusto do Rego Fernandes, filed a writ petition challenging an order of the Civil Judge, Junior Division at Panaji, which ...

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Bombay High Court Partially Allows Challenge to Arbitral Award in Contract Dispute Over Dewatering Claims. Court sets aside majority award's rejection of dewatering claim for additional stretch, remits for fresh consideration.

The Petitioner, an Austrian contracting company, challenged a majority arbitral award dated 11 July 2007 that dismissed its claim for payment of dewat...

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Bombay High Court Allows Appeal Against Compromise Decree in Lok Adalat Settlement — Minor's Interest Not Protected. Court sets aside compromise decree as minor defendant was not properly represented and compromise was not in his interest under Order 32 Rule 7 CPC.

The present Letters Patent Appeal arises from the decision of a learned Single Judge in Writ Petition No. 2965/2011, which had upheld a compromise dec...