Search Results for "third party obstruction"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Search Results for "third party obstruction"

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High Court

Bombay High Court Allows Petition in Execution Proceedings - Limited Inquiry Under Order 21 Rule 101 CPC. Executing Court Not Required to Conduct Full-Fledged Trial When Obstruction is Ex Facie Baseless; Summary Rejection Permissible.

22 Apr 2026

The Bombay High Court addressed the scope of inquiry to be conducted by an Executing Court under Order 21 Rule 101 of the Code of Civil Procedure, 190...

High Court

Madras High Court Allows Obstructor's Revision Petition in Eviction Execution — Order XXI Rule 99 CPC Application Maintainable Despite Prior Removal of Obstruction Order. Court holds that an obstructor dispossessed during execution can maintain an application under Order XXI Rule 99 CPC to establish independent rights, and such application cannot be rejected at SR stage on maintainability grounds.

9 Jan 2026

The revision petitioner, M.M. Babu, filed a civil revision petition under Article 227 of the Constitution of India challenging the order dated 17.09.2...

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 Allows Revision Against Rejection of Obstruction Application in Execution Proceedings — Emphasizes Mandatory Inquiry Under Order 21 Rule 97 CPC. Third Party Claimants Entitled to Full Inquiry Before Executing Court When They Assert Possession and Interest in Decree Property.

21 Dec 2023

The case involves a civil revision application filed by Indubai D. Kothawale and others (the applicants) challenging an order dated 16 October 2023 pa...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Executing Court's Order Refusing to Recall Warrant of Possession Under Order XXI Rule 97 CPC. Executing Court's Discretion to Refuse Recall of Warrant After Delivery of Possession Upheld as No Material Irregularity Shown.

25 Jul 2022

The petitioners, original decree holders in Execution Application No. 22/2008, filed a writ petition under Article 227 of the Constitution challenging...

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...

High Court

Bombay High Court Dismisses Writ Petition and Civil Revision Application in Property Dispute Over Lease and License Agreement — Held That Licensee Cannot Claim Tenancy Rights Under Maharashtra Rent Control Act, 1999. The court affirmed that the agreement was a license, not a lease, and the suit for possession was within limitation.

7 May 2021

The judgment arises from a property dispute concerning a petrol pump site at Santacruz, Mumbai. The petitioners (original plaintiffs) are the owners o...

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 Allows Landlord's Writ Petitions Against Appellate Court's Reversal of Eviction Obstruction and Mesne Profits Orders. The court held that an obstructor claiming through a tenant cannot resist eviction after a decree against the tenant, and mesne profits are independent of possession.

27 Apr 2020

The case involves two writ petitions filed by the landlord, Udyavara R. Acharya and Ramadevi R. Acharya, against the respondent, Jugal Kishor Jagannat...

High Court

Bombay High Court Allows Writ Petition Against Dismissal of Execution Objection — Lower Appellate Court Failed to Consider Merits of Objection Under Order 21 Rule 97 CPC. The court held that the appellate court must consider the substance of the objection regarding tenancy rights and joint possession, not dismiss it on technical grounds.

23 Nov 2010

The petitioners, Shripati Ganpati Jadhav and others, filed a writ petition before the Bombay High Court challenging the order of the District Judge, P...

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