Search Results for "defeat execution"

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Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor ...
Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment ...
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Search Results for "defeat execution"

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Supreme Court

Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

6 Mar 2025

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

High Court

Court Upholds Executing Court's Decision, Rejects Jurisdictional Objections and Abuse of Process. Possession warrant stands as Appellate Bench's reversal deemed erroneous; Writ Petition allowed, reinforcing res judicata and legal precedents.

9 Jul 2024

The Executing Court had issued a possession warrant on 19 April 2024, which Respondent No. 1 failed to challenge. Respondent No. 1's subsequent object...

High Court

High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Cannot Be Invoked After Decree Is Passed. Execution Court Erred in Staying Execution Based on Subsequent Suit Filed by Judgment Debtor After Decree.

18 Jan 2023

The petitioners (decree holders) obtained a decree for possession in O.S. No. 79/2003 (originally O.S. No. 3/1971) against the respondent (judgment de...

High Court

High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Not Applicable When Subsequent Suit Relates to Different Property. Decree Holders' Right to Possession Upheld as Judgment Debtor's Application for Stay Was Based on a Suit Involving Different Subject Matter, Constituting Abuse of Process.

18 Jan 2023

The petitioners (decree holders) obtained a decree for possession and mesne profits in O.S. No. 3/1971 (later renumbered O.S. No. 79/2003) against the...

Supreme Court

Supreme Court Reverses High Court's Decision in Property Title Dispute Due to Lack of Evidence on Power of Attorney. Concurrent Findings of Lower Courts Restored as Plaintiffs Failed to Prove Title and Compliance with Registration Act for Foreign-Executed Document.

13 Jan 2023

The dispute originated from a civil suit filed by the original plaintiffs seeking declaration of title and recovery of possession over a property, all...

High Court

High Court of Karnataka Allows Appeal in Execution Proceedings — Order XXI Rule 58 CPC Claim Dismissed as Not Maintainable Due to Prior Attachment and Lack of Possession. The court held that a claim petition under Order XXI Rule 58 CPC is not maintainable when the property was attached before judgment and the claimant was not in possession at the time of attachment.

23 May 2018

The appellant, Swamy H.L., filed a Regular Second Appeal under Section 100 CPC against the judgment and decree dated 19.09.2008 passed by the First Ap...

High Court

Bombay High Court Allows Execution of Foreign Decrees by Mauritius-Based Companies Against Indian Debtors Under Section 44A CPC. The court held that decrees from reciprocating territories are directly executable in India without a fresh suit, and the Commercial Division has jurisdiction over such applications.

26 Apr 2018

The judgment involves three execution applications filed by foreign decree holders (Global Asia Venture Company, Matrix Partners India Investment Hold...

High Court

High Court of Karnataka Allows Appeal in Partition Suit — Daughter's Claim for Share in Ancestral Property Upheld Despite Alleged Prior Partition. Court holds that a prior partition between brothers cannot defeat the right of a daughter who was not a party to it, and that the suit is not barred by limitation as the daughter's right to claim partition is a continuing right.

6 Feb 2015

The appeal arises from a judgment and decree dated 2.4.2011 passed by the XVIII Additional City Civil Judge, Bangalore, in O.S.No.4071/2002, decreeing...

High Court

Bombay High Court Allows Dispensation of Notice in Execution Proceedings for Non-Compliance of Order Directing Municipal Corporation to Decide Application. Court holds that Municipal Corporation's failure to decide application despite court order amounts to contempt and warrants execution without notice under Order 21 Rule 22 CPC.

28 Mar 2014

The applicants, M/s. Lok Holdings and Constructions Ltd. and others, filed a Chamber Summons in an execution application seeking dispensation of notic...

High Court

Bombay High Court Dismisses Application for Arrest of Judgment Debtor in Execution of Foreign Decree — Conversion Rate for Decretal Amount Must Be Determined Before Arrest. The court held that before ordering arrest under Order 21 Rule 37 CPC, the exact amount payable in Indian rupees must be ascertained when the decree is in foreign currency.

13 Aug 2013

The Bombay High Court dealt with three chamber summons arising out of execution proceedings of a foreign decree. The original suit was filed in Englan...

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