Search Results for "Order XXI Rule 105"

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Search Results for "Order XXI Rule 105"

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High Court

Bombay High Court Quashes Attachment Order in Defamation Suit Execution — Attachment of Immovable Property Without Notice to Judgment Debtor Violates Order XXI Rule 54 CPC. Court holds that issuance of attachment warrant without prior notice to the judgment debtor and without recording reasons is illegal and liable to be set aside.

4 Sep 2013

The petitioner, Dilipkumar Hirachand Jain, was the original plaintiff No.2 in Special Civil Suit No.332 of 1996, which was a suit for damages for defa...

High Court

High Court of Bombay at Goa Considers Whether Supreme Court Observations in Dismissed SLP Set Aside Executing Court's Rejection of Objections Under Section 47 CPC. Petition Challenges Order Dated 24.04.2024 Rejecting Application Under Section 47 Read with Order XXI Rules 97-105 CPC in Execution Proceeding.

11 Jul 2025

The writ petition under Article 227 of the Constitution of India was filed by Rupa Jitendra Deshprabhu challenging the order dated 24.04.2024 passed b...

High Court

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.

13 Dec 2024

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...

High Court

Madras High Court Allows Revision Petition, Sets Aside Executing Court's Order Condoning Delay in Restoration of Execution Petition. Section 5 of Limitation Act, 1963 Held Inapplicable to Order XXI of Code of Civil Procedure, 1908 for Setting Aside Ex-Parte Orders Beyond 30 Days.

9 Jan 2026

The case involves a civil revision petition filed by the legal representatives of the deceased judgment-debtor (Padasaib) challenging an order of the ...

High Court

Bombay High Court Rejects Preliminary Objection to Writ Maintainability in Execution Restoration Matter. Court Holds Order Rejecting Restoration Application Under Section 151 CPC Not Appealable Under Order XLIII Rule 1(ja) CPC Because Execution Application Was Not Dismissed Under Order XXI Rule 105.

6 Aug 2025

The High Court of Judicature at Bombay considered a writ petition filed by a decree holder challenging the dismissal of his application for restoratio...

Supreme Court

Supreme Court Remands Execution Sale Dispute for Limitation Determination. High Court's Order Setting Aside Auction Sale Set Aside for Ignoring Supreme Court's Direction to Decide Limitation First.

17 Mar 2020

The dispute arises from execution proceedings of a decree passed in favour of Shree Mahalaxmi Mercantile Coop Bank Ltd. (R2) against M/s. Abhilasha Co...

High Court

High Court of Bombay Hears Appeal Against Order in Execution Proceedings; Permits Power of Attorney Holder to Argue. Execution of Decree for Possession in Specific Performance Suit Involves Third Party Rights.

7 Oct 2005

This appeal under Clause 15 of the Letters Patent read with Order XXI Rule 103 of the Code of Civil Procedure, 1908, challenged the order of a learned...

High Court

High Court of Bombay Quashes Restoration of Execution Proceedings Allowed by Trial Court Under Section 151 CPC. Execution proceedings dismissed for non-prosecution in 1991 restored in 2003 after four-year delay without condonation; court holds inherent powers cannot be exercised when specific provisions under Order 21 Rules 105 and 106 exist and period of limitation has expired.

20 Oct 2010

The High Court of Bombay at Aurangabad dealt with two civil revision applications filed by the judgment debtors challenging an order of the Civil Judg...

High Court

High Court of Bombay Division Bench Hears Reference on Appealability of Interim Injunction Orders in Regular Civil Appeals. Reference Concerns Whether Order 43 Rule 1(r) CPC Covers Interim Injunctions Granted by First Appellate Courts Under Order 41 CPC.

17 Sep 2018

This matter came before a Division Bench as a reference made by a learned Single Judge of the High Court who doubted the correctness of earlier single...

High Court

High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

5 Mar 2012

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...

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