Search Results for "Section 47 CPC"

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Search Results for "Section 47 CPC"

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Supreme Court

Supreme Court Allows Execution of Perpetual Injunction Decree Despite Earlier Satisfaction Recorded in Execution Proceedings. Satisfaction in prior EP does not bar fresh EP for subsequent breach; perpetual injunction decree has no limitation under Article 136 Limitation Act, 1963.

16 May 2025

The Supreme Court allowed appeals by the decree-holders, Saraswati Devi and others, against the dismissal of their execution petition by the High Cour...

High Court

High Court of Karnataka Allows Revision Petition in Execution Case — Order Dismissing Section 47 Application Set Aside. Execution Court's Failure to Consider Objections Regarding Arbitral Award's Enforceability Constitutes Jurisdictional Error Under Section 115 CPC.

22 Mar 2024

The present Civil Revision Petition was filed under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 19.03.2022 passed by...

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 Dismisses Appeal in Partnership Dispute — Decree Against Deceased Partner Not Executable Against Legal Representatives. Partnership Dissolved on Death of Partner Under Section 42(c) of Partnership Act, 1932, and Legal Representatives Not Bound by Decree.

18 Oct 2019

The case arises from a partnership deed dated 14.04.1982 between late Sri Jai Narayan Misra and late Smt. Hashmatunnisa Begum for real estate developm...

Supreme Court

Supreme Court Allows Appeal in Temple Trusteeship Dispute — Executing Court Cannot Reopen Final Findings. High Court Exceeded Revisional Jurisdiction Under Section 115 CPC by Setting Aside Executing Court's Order Dismissing Section 47 Application.

13 Sep 2019

The appeal arose from a dispute over the trusteeship of a temple. The suit temple properties were originally administered by three brothers, Sadhasiva...

Supreme Court

Supreme Court Allows Appeal in Partition Suit Execution — Objection to Territorial Jurisdiction Cannot Be Raised in Execution Proceedings Under Section 47 CPC. The Court held that an objection to territorial jurisdiction must be raised at the earliest opportunity in the trial court under Section 21 CPC and cannot be entertained in execution unless lack of inherent jurisdiction appears on the face of the record.

7 Jan 2019

The appeal arose from a judgment of the High Court of Jharkhand which restored an objection under Section 47 CPC filed by the first respondent in exec...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Holds That Bar Under Section 47 CPC Does Not Apply to Persons Not Bound by Previous Decree. The Court ruled that the lower appellate court erred in applying the bar of Section 47 read with Order XXI Rule 101 CPC to a suit filed by persons who were not parties to the earlier decree.

11 Mar 2016

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellant (original defendant) against the judg...

High Court

Bombay High Court Allows Writ Petition for Possession Under Specific Performance Decree — Executing Court Erred in Rejecting Application for Possession After Sale Deed Execution. The Court held that once a sale deed is executed in execution of a decree for specific performance, the decree-holder is entitled to possession under Order 21 Rule 35 CPC, and the Executing Court cannot go behind the decree.

9 Jul 2014

The petitioner, Ramchandra Guja Rewatkar, filed a writ petition challenging an order of the Executing Court that rejected his application for possessi...

High Court

Bombay High Court Allows Revision Against Execution Order in Compromise Decree Dispute — Payment of Rs.6 Lakhs Under Clause 4 of Compromise Allegedly Satisfied, Execution Held Not Maintainable Under Section 47 CPC. The court set aside the order of the executing court and directed fresh consideration of the objection regarding satisfaction of decree.

11 Feb 2014

The case involves a civil revision application filed by Sheshrao Tambe (judgment debtor) against an order dated 23.10.2013 passed by the Civil Judge, ...

High Court

Bombay High Court Dismisses Decree Holders' Execution Petitions in Rent Control Case — Payment of Balance Amount After Decree Renders Execution Infructuous. Conditional Decree for Possession Cannot Be Executed Once Arrears Are Paid Under Section 47 CPC.

13 Oct 2006

The petitioners, decree holders, filed two writ petitions challenging a common order dated 28.4.2005 passed by the Executing Court in Special Executio...

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