Search Results for "Delivery of possession"

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Search Results for "Delivery of possession"

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Supreme Court

Supreme Court Dismisses Legal Representatives' Appeal in Execution Proceedings Upholding Auction Sale After Half-Century Litigation. The court held that an application under Section 47 of the Code of Civil Procedure, 1908 challenging the auction sale on grounds of non-compliance with Order XXI Rule 64 is not maintainable after multiple rounds of litigation and long delay, applying principles of res judicata and noting the binding effect of a compromise with auction purchasers.

5 Oct 2021

The dispute originated from a money suit filed in 1971 by Rama Rani Devi against Sasadhar Biswas for recovery of Rs. 3000, which was decreed ex parte ...

Supreme Court

Supreme Court Upholds High Court's Reversal in Gift Deed Case: Presumption of Acceptance Arises from Recital of Possession Delivery. Gift to a deity is validly accepted by trustees; unilateral cancellation by donor is void.

19 Sep 2019

The appeal arose from a suit filed by the respondents (family members of the donor and members of the Kizhakke Veethil Tarwad) seeking a declaration t...

Supreme Court

Supreme Court Upholds Decree Holder's Possession Despite Irregular Police Assistance in Execution — Judgment Debtor with No Subsisting Right Cannot Claim Restoration. The Court declined to restore possession to a judgment debtor who had no right, title or interest in the suit property, even though the delivery of possession was effected with police assistance without prior court order under Order 21 CPC.

9 Aug 2019

The case involves a dispute over possession of suit lands between Om Parkash (decree holder) and Amar Singh (judgment debtor). The decree holder purch...

Supreme Court

Supreme Court Remits Stamp Duty Objection on Power of Attorney to Trial Court for Factual Determination. Objection regarding insufficient stamp duty on power of attorney treated as conveyance under Orissa Stamp Act requires factual finding on delivery of possession, to be decided after evidence.

14 Feb 2020

The Supreme Court disposed of an appeal against an order of the Orissa High Court which had dismissed the appellants' petition under Article 227 of th...

High Court

High Court of Karnataka Allows Appeals in Execution Proceedings — Auction Sale Set Aside for Non-Compliance with Order 21 Rule 95 CPC. Delivery of possession is a mandatory requirement for confirmation of sale under Order 21 Rule 95 of the Code of Civil Procedure, 1908.

22 Jul 2024

The case involves two Regular First Appeals (RFA No. 557/2016 and RFA No. 558/2016) filed under Section 96 read with Order 41 Rules 1 and 2 of the Cod...

High Court

Bombay High Court Allows Writ Petition Challenging Trial Court Order Appointing Commissioner and Directing Possession Delivery in Partition Decree Proceedings. Court Commissioner Must First Effect Partition by Metes and Bounds Before Delivering Possession, and Writ Petition Maintainable Despite Alternative Remedy Under Section 115 CPC as Order Does Not Finally Dispose of Proceedings.

17 Oct 2016

The petitioner, Latabai Subhashrao Dahake, challenged an order dated 15.06.2016 passed by the trial Court in final decree proceedings for partition of...

High Court

Bombay High Court Allows Bank's Writ Petition Against Trial Court's Order Framing Issues in Execution Proceedings - Sale Certificate Valid Despite Delay in Possession. The Court held that objections to execution were barred by res judicata and the Executing Court could not re-open settled issues.

11 Sep 2015

The Ratnakar Bank Limited (Petitioner) filed a writ petition challenging an order dated 19/08/2014 passed by the learned Civil Judge, Junior Division,...

High Court

Bombay High Court Dismisses Appeal in Stamp Duty Dispute — Agreement for Sale Without Possession Delivery Not a Conveyance Under Article 25 Schedule I of Bombay Stamp Act, 1958. Document Dated 03/3/2000 Held to Be Mere Agreement for Sale, Not Requiring Stamp Duty as Conveyance.

12 Jul 2006

The case involves a Letters Patent Appeal filed by the appellants (legal representatives of the original defendant) against a judgment of a learned Si...

High Court

Bombay High Court Dismisses Writ Petition Challenging Execution Decree in Property Suit — No Interference Under Article 226 as Petitioner Failed to Show Error in Concurrent Findings. The court upheld the executing court's order for delivery of possession, finding no merit in the petitioner's objections.

19 Jul 2006

The petitioner, Chandrabhaga Damodar Vanjari (since deceased, through LRs), filed a writ petition under Article 226 of the Constitution of India chall...

High Court

Bombay High Court Dismisses Judgment Debtors' Challenge to Execution of Decree for Specific Performance. Court Holds That Decree for Specific Performance Implicitly Includes Delivery of Possession Even Without Express Prayer.

10 Jul 2019

The petitioners, who were judgment debtors in a suit for specific performance, challenged the order of the executing court overruling their objection ...

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