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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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Bombay High Court Allows Restitution to Judgment Debtor in Execution Case Despite Decree Modified Only as to Interest. Decree Holder Auction Purchaser Not Entitled to Protection Under Section 144 of Code of Civil Procedure, 1908.

The case involves a second appeal arising from a suit for recovery of money. The original plaintiffs (Respondent Nos. 1-3) filed Special Civil Suit No...

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Bombay High Court Dismisses Tenants' Revision Against Execution of Eviction Decree by Transferee Landlord. Transferee Pendente Lite Held Entitled to Execute Decree Under Order 22 Rule 10 CPC.

The present Civil Revision Application was filed by the tenants (applicants) challenging the order dated 27/28.11.2008 passed by the Appellate Bench o...

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Bombay High Court Dismisses Second Appeals Against Execution of Decree for Possession, Holding That Objectors Claiming Adverse Possession Must First Establish Their Own Independent Title. Order XXI Rule 97 CPC Objections Cannot Be Used to Re-litigate Title Already Decided Against the Judgment Debtor.

The present appeals arise from execution proceedings initiated by the decree holder (respondent No. 1) to enforce a decree for possession of land adme...