Search Results for "pendente lite protection"

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Bombay High Court Directs Status Quo and Expedited Disposal in Appeal Against Partition Decree. Court accepts undertaking not to execute decree and restrains alienation of suit property pending appeal under Article 227.

The respondent-plaintiff instituted Regular Civil Suit No. 164 of 2000 for partition and separate possession of agricultural lands and a house propert...

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Bombay High Court Examines Whether Temporary Injunction to Restrain Alienation Pending Suit is Necessary Despite Section 52 of Transfer of Property Act, 1882. The Court Revisits Its Earlier Decision in Sharad Mor's Case in the Context of Multiple Appeals from Orders Refusing Injunctions.

These appeals raised a common question about the necessity of granting a temporary injunction to restrain a defendant from creating third party intere...

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Bombay High Court Allows Decree-Holder's Execution Against Pendente Lite Purchaser in Possession Suit. Held that a purchaser pendente lite is bound by the decree and can be dispossessed in execution under Order 21 Rule 35 CPC without a separate suit.

The petitioner, Kashinath Ramji Shinde (since deceased, represented by legal heirs), filed a suit in 1987 seeking possession, declaration, and mesne p...

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High Court Dismisses Second Appeal by Pendente Lite Purchasers in Partition Suit Execution — Objections Under Order XXI Rule 97 Barred Due to Lis Pendens. Consent Decree in Appellate Court Not Proved Collusive; Rigors of Section 52 Transfer of Property Act Apply.

The present second appeal arose from execution proceedings in a partition suit that commenced in 1974. The original plaintiff Shankarrao Kanakdande ha...

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Bombay High Court Upholds Striking Out of Defence for Non-Payment of Interim Maintenance in DV Act Case. Failure to Pay Maintenance Justifies Coercive Measure Under Section 23 of Protection of Women from Domestic Violence Act, 2005.

The petitioner, Girish Vijaysingh Pardeshi, challenged an order dated 31/03/2018 passed by the learned Judicial Magistrate First Class, Court No. 7, J...

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Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Suit Challenging Compromise Decree. Interpretation of Kachhi Properties Judgment Clarified: No Automatic Stay of Execution Proceedings Upon Filing of Suit for Declaration that Decree is Void.

The Bombay High Court heard two appeals from orders rejecting temporary injunction applications. The first appeal (AO 884/2010) challenged an order da...