Search Results for "Satisfaction of Decree"

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Supreme Court Allows Review and Recalls Sale Order in Execution Decree Case Due to Factual Error Regarding Payment. Contempt Petition Disposed with Compensation for Violating Interim Orders.

The case originated from a money suit filed in 1955 by Hari Kishan Das (plaintiff) against M/s Diwan Kripa Ram Radha Kishan (defendant), resulting in ...

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Bombay High Court Dismisses Appeal Seeking Enforcement of Consent Terms Against Non-Signatory Defendant in Debenture Dispute. Interpretation of Consent Decree Held That Clause 11(a) Obligation to Pay Was Only on Defendant No.5, Not Defendant No.6, Who Was Not a Party to the Consent Terms.

The case involves two appeals filed by the original Defendant No.5 (Dewanchand Ramsaran Trading Pvt. Ltd. and others) against a common order of the le...

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Bombay High Court Quashes Executing Court Order for Non-Application of Mind in Decree Satisfaction Dispute. Remands Matter for Fresh Consideration of Adjustment Principles Under Civil Procedure Code.

The petitioner, M/s Shyam Builders, the original decree holder, challenged the order dated 15.12.2001 passed by the Executing Court in Special Darkhas...

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Bombay High Court Dismisses Revision Against Refusal to Review Execution Order in Specific Performance Decree. Decree Holder's Failure to Deposit Balance Consideration Within Reasonable Time Leads to Satisfaction of Decree by Payment of Earnest Money.

The case involves a Civil Revision Application challenging an order of the executing court refusing to review its earlier order by which execution pro...

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High Court of Karnataka Dismisses Revision Petition by Judgment Debtors Against Execution Order for Delivery of Possession — Second Application for Delivery Permissible Only if Earlier Delivery Was Not Legal, Complete and Effectual

The case involves a civil revision petition filed under Section 115 of the Code of Civil Procedure, 1908 (CPC) by the petitioners, who are the 3rd and...

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Bombay High Court Dismisses Writ Petition Challenging Closure of Execution Proceedings Due to Inordinate Delay and Laches. Objections filed by third parties in execution proceedings not pursued for 14 years; executing court justified in recording satisfaction of decree.

The petitioners, Hirabai Dattatray Mankar and others, filed a writ petition challenging an order dated 11 September 2019 passed by the 6th Joint Civil...

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High Court Partly Allows Second Appeal, Sets Aside Enhancement of Decretal Amount by First Appellate Court. In Absence of Cross-Appeal, Appellate Court Cannot Enhance Decree to Prejudice of Appellant; Trial Court Decree of Rs. 11,698.17 Sustained.

The matter arose from a money recovery suit (R.C.S. No. 232/1978) decreed by the Trial Court on 15/09/1983, directing the appellants (original defenda...