Search Results for "Order XXI Rule 102 CPC"

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High Court Dismisses Second Appeal by Pendente Lite Purchasers in Partition Suit Execution — Objections Under Order XXI Rule 97 Barred Due to Lis Pendens. Consent Decree in Appellate Court Not Proved Collusive; Rigors of Section 52 Transfer of Property Act Apply.

The present second appeal arose from execution proceedings in a partition suit that commenced in 1974. The original plaintiff Shankarrao Kanakdande ha...

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Karnataka High Court Considers Writ Petition Against Rejection of Obstruction Application in Execution Proceedings. Execution Court Dismissed Application Under Order XXI Rule 97 Without Enquiry, Allegedly Violating Order XXI Rule 101 CPC.

The petitioner, a third party objecting to the execution of a decree for vacant possession, challenged the order of the Principal Civil Judge and JMFC...

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Supreme Court Allows Appeal in Execution Proceedings — Possessory Title Not Required for Restoration Under Order XXI Rules 98-100 CPC. High Court erred in ordering restoration of possession without determining whether respondent had any right to possession under Order XXI Rules 98-100 CPC.

The Supreme Court considered an appeal against the judgment of the Calcutta High Court which had allowed the appeal of the respondent (Lt. Col. Nahar ...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Executing Court's Order Refusing to Recall Warrant of Possession Under Order XXI Rule 97 CPC. Executing Court's Discretion to Refuse Recall of Warrant After Delivery of Possession Upheld as No Material Irregularity Shown.

The petitioners, original decree holders in Execution Application No. 22/2008, filed a writ petition under Article 227 of the Constitution challenging...

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Supreme Court Allows Decree-Holders' Appeals Against Executing Court's Interim Stay Order in Execution Proceedings. Held That Executing Court Cannot Stay Execution Beyond Order XXI Rule 29 CPC and Must Follow Procedure Under Order XXI Rule 37 CPC Before Arrest.

The case involves appeals by the decree-holders (appellants) against an interim order dated 29th June 2018 passed by the Principal Sub-Judge, Kottayam...

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High Court of Karnataka Allows Appeal Against Execution Court Order Dismissing Application to Set Aside Auction Sale for Non-Compliance with Order XXI Rule 84 CPC. Failure to Deposit 25% of Purchase Money on the Same Day as Sale Renders Auction Void.

The appellants, who were judgment debtors in execution proceedings, filed an application under Order XXI Rule 90 read with Section 151 CPC to set asid...

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High Court Dismisses Civil Revision Application Challenging Rejection of Plaint Under Order VII Rule 11(d) CPC in Suit for Declaration and Specific Performance -- Applicant Application Rejected, Anil Hariprasad Jejani's Suit to Proceed

The High Court of Judicature at Bombay, Nagpur Bench dismissed Civil Revision Application No.117 of 2025 filed by Ramesh Bhagirath Rander (applicant/d...

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High Court of Bombay Quashes Execution Orders Directing Demolition Without Inquiry in Partition Suit. Executing Court's Orders Set Aside as Preliminary Decree Required Further Inquiry Under Order XX Rule 18(2) CPC and Consideration of Partition Act Provisions.

A dispute arose between four brothers over a plot of land and a house constructed on part of it. The original plaintiff filed a suit for possession, c...