Yerikala Sunkalamma & Anr Vs State Of Andhra Pradesh, Department Of Revenue & Ors
.... y the court to pass decree as prayed for. Cross-examination: Deferred. 8.7.99: P.W. 1 recalled and sworn in for cross-examination by AGP:- I do not know how Govindu the original owner acquired the suit schedule property. I do not know whether the Govt. has assigned the suit prope ...
Supreme Court Of India
U. Sudheera & Others Vs C. Yashoda & Others
.... . Be it stated, for passing an ex parte order the Court has to keep in mind the postulates provided under sub-rule (3) of Rule 5 of Order 41. It has to be made clear that the Court for the purpose of passing an ex parte order is obligated to keep in view the language employed under Section 100 C ...
Supreme Court Of India
Solapur Municipal Transport Undertaking Vs Ashok Leyland Ltd. And Anr
.... d in the Arbitral Award. He would further submit that there is no allegation that arbitration process was in any way affected by fraud or corruption and neither there are any particulars provided in support of such an allegation. Therefore he would submit that the second proviso to Section 36 of ...
Bombay High Court
Meenu Vs Ashish Kumar Ors & Anr
.... Recovery of Mesne Profits and Mandatory Injunction against the respondent Nos. 1 and 2, before the learned District Judge. Thereafter, an Application had been filed under Order 39 Rule 1 and 2 for maintaining status quo and an Application under Order 1 Rule 10 CPC before the learned District Ju ...
Delhi High Court
CFM Asset Reconstruction Pvt. Ltd Vs M/s. SAR Parivahan Pvt. Ltd
.... the Valuation Report furnished by the Respondents. The learned Arbitrator has come to the conclusion, on the basis of the said Valuation Report, that a sum of Rs.2,35,69,788/- would be recovered from the sale of the Tippers. 11 The learned Arbitrator has arrived at the said finding without ...
Bombay High Court
Bata India Limited Vs Bindiya Co-Operative Housing
.... decree would not be stayed in as much as if the inquiry into mesne profits would be permitted to continue, if the decree of eviction is quashed and set aside by the appellate forum, the exercise of inquiry under Order XX Rule 12 would be rendered futile. 22. Coming to the second submission ...
Bombay High Court
Balendra Singh Chouhan Vs Rajkumar Asati And Others
.... Order 41 Rule 5 CPC, the appellate court does have jurisdiction to put the party seeking stay order on such terms as would reasonably compensate the party successful at the end of the appeal insofar as those proceedings are concerned. Thus, for example, though a decree for payment of money is no ...
Madhya Pradesh High Court
Archana Nirman Pvt. Ltd. And Another Vs IIFL Home Finance Limited Corporate Office And Others
.... ed in a different context than the present case. A challenge under Section 17 of the SARFAESI Act, as opposed to an appeal, is an original application and, if accompanied by a rider to deposit 75 per cent of the claim, would render the remedy nugatory, which was the ground for setting aside the ...
Calcutta High Court (Appellete Side)
Narendra Kumar Vs Rajesh Chaudhary & Anr.
.... withdrawal of Roma’s suit against Rajesh. 13. With regard to Mr. Singh’s allegation of overreaching the Court, Mr. Mehta drew my attention to Order XLI Rule 5 of the CPC and an order of the Supreme Court in Sanjiv Kumar Singh vs. The State of Bihar & Ors. [Order dated 24.01.2023 in SL ...
Delhi High Court
Alekha Samantaray Vs Narayan Lenka And Others
.... It is his submission that although there is a delay in filing the petition for stay, but that has been explained in the petition for stay. The cause of action for filing of the stay application arose after the land was acquired by the State Government. Thus, learned appellate Court was not correc ...
Orissa High Court
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