Search Results for "stranger purchaser"

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Search Results for "stranger purchaser"

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Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

High Court

Bombay High Court Dismisses Pre-emption Claim Under Section 22 of Hindu Succession Act, 1956 — Testamentary Succession Bars Intestate Right. Property Devolution by Will Excludes Statutory Right of Pre-emption as Section 22 Applies Only to Intestate Property.

25 Oct 2024

The case involves a dispute over a suit property (Plot No.21, Laxmi Nagar, Nagpur) originally purchased by late Kashinath Subhedar in the name of his ...

Supreme Court

Supreme Court Allows Restitution to Judgment Debtor Under Section 144 CPC When Decree Varied and Decree Holder Purchased Property in Auction. Auction Sale Set Aside Due to Variation of Decree and Lack of Bona Fide Purchaser Status.

14 May 2024

The appeal arose from a restitution application under Section 144 of the Code of Civil Procedure, 1908 (CPC). The original plaintiff (decree holder) o...

High Court

Bombay High Court Dismisses Second Appeal in Eviction Suit — Confirms Decree for Possession Based on Valid Sale Deed and Caretaker Agreement. Agreement for Sale and Subsequent Sale Deed Transfer Title; Occupier as Caretaker Must Vacate After Expiry of Term.

20 Jun 2022

The respondent/plaintiff filed Regular Civil Suit No.819 of 2016 for possession and arrears of rent against the defendant, who had sold the suit prope...

Supreme Court

Supreme Court Allows Execution Decree Holder to Seek Possession Against Third Party Resisters Under Order XXI Rule 97 CPC. The Court held that executing court can decide objections of third parties claiming independent title without requiring a separate suit, and amendment of execution petition is permissible to avoid multiplicity.

18 Dec 2020

The case arises from a specific performance decree obtained by Ayyavoo Udayar (predecessor of appellants) against vendors (respondent nos. 3 and 4) fo...

High Court

Bombay High Court Dismisses Second Appeal by Stranger Purchasers Against Decree of Specific Performance — Upholds Rejection of Condonation of 1869 Days Delay. The Court held that a stranger purchaser claiming through a defendant cannot seek condonation of inordinate delay without showing sufficient cause, and the lower appellate court's refusal to condone delay was not erroneous.

21 Feb 2020

The case arises from a second appeal filed by Narayansingh s/o Omkarsingh Baghel and Roshan son of Narayansingh Baghel (appellants) against an order d...

Supreme Court

Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

20 Aug 2019

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

High Court

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.

5 Jun 2017

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...

High Court

High Court of Karnataka Allows Revision Petition for Delivery of Possession Under Order 21 Rule 95 CPC — Decree Holder Entitled to Possession After Court Sale Confirmation. The court held that once a court auction sale is confirmed, the purchaser has a right to delivery of possession under Order 21 Rule 95 CPC, and the executing court cannot dismiss such application.

30 Apr 2014

The petitioner, the decree holder in O.S.No.222/1996, had obtained a money decree against the respondent for Rs.1,15,500/-. In execution proceedings (...

High Court

Bombay High Court Allows Subsequent Purchaser to Join Appeal in Specific Performance Suit — Lis Pendens Does Not Bar Participation as Proper Party. The court held that a subsequent purchaser, though bound by the decree under Section 52 of the Transfer of Property Act, 1882, is entitled to be heard in the appeal as a proper party to protect his interest.

27 Feb 2014

The petitioner, Shrikrushna Narayan Tupkari, filed a writ petition challenging the order dated 19.5.2013 passed by the learned District Judge-2, Akola...

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