Section 7. Procedure to be followed in case of sales
Save as hereinbefore provided, when any property is directed to be sold under this Act, the following procedure shall, as far as practicable, be adopted, namely:--
(a) if the property be sold under a decree or order of the High Court of Calcutta, Madras or Bombay, in the exercise of its original jurisdiction, 1*** the procedure of such court in its original civil jurisdiction for the sale of property by the Registrar;
(b) if the property be sold under a decree or order of any other court, such procedure as the High Court may from time to time by rules prescribe in this behalf, and until such rules-art made the procedure prescribed in the Code of Civil Procedure in respect of sales in execution of decrees.
Judgements applying section 7
Partition Act, 1893 — Sections 2 and 3 — Final decree proceedings (FDP.No.181/2011, flowing from O.S.No.6294/2003) — Residential house in Koramangala held incapable of division by metes and bounds per coordinate bench order dated 11.01.2021 in RFA 1988/2013 c/w 70/2014 restoring the FDP — Trial Court accepted second…
DismissedOpenpartition suit; preliminary decree 23.12.2016; exparte decree; condonation of delay 2572 days dismissed 07.06.2024; public auction of plaint schedule item 2; Partition Act 1893 Sections 2, 4 and 7; Order 21 Rules 84, 85 and 86 CPC timelines mandatory nullity; 'as far as practicable' discretion;
DismissedOpen2024:KHC:28476-DB RFA No. 557 of 2016 C/W RFA No. 558 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2024 PRESENT THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR AND THE HON'BLE MS JUSTICE J.M.KHAZI REGUL
AllowedOpenHIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2024 BEFORE THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM R.S.A NO. 1930 OF 2023 (PAR) BETWEEN: 1 . SRI. B. V. PRAMODHA KUMAR AGED ABOUT 82 YEARS, S/O LATE VISHWARAM A
DismissedOpenCOURT OF JUDICATURE AT MADRAS DATED:30.11.2022 CORAM: THE HONOURABLE
WithdrawnOpenCOURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER 2022 BEFORE THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD WRIT PETITION NO.18726/2022 (GM-CPC) BETWEEN : SRI MANJUNATHA AGED ABOUT 42 YEARS S/O LATE PANDU @ PANDURANGA AGED AB
DisposedOpen
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In a partition suit among siblings, the auction-purchaser brother sought to set off the shares of other decree holders who had agreed to forgo their monetary shares, depositing only the contesting brother's 1/5th share.
SRI JUSTICE M. VENKATA RAMANA C.R.P.No.2144 of 2014 and C.R.P.No.515 of 2019 COMMON ORDER: C.R.P.No.2144 of 2014 is preferred against the order of learned IV Additional Senior Civil Judge (FTC) Visakhapatnam, in I.A.No.349 of 2010 in I.A.No
DisposedOpenHIGH COURT OF DELHI AT NEW DELHI + RFA 341/2018 & CM Nos. 16100-01/2018 ASHOK KUMAR GUPTA ..... Appellant Through: Mr. P.D.Gupta, Sr. Advocate with Mr. Atul Gupta, Advocate. versus PREMWATI(DECEASED) THR LRS ..... Respondents Through: Mr. R
HIGH COURT OF HIMACHAL PRADESH, SHIMLA. OMPs No. 4229 and 4319 of 2013 in CS No.13 of 1997. Order reserved on: 20th March, 2015. Decided on: 2nd April, 2015. 1. OMP No.4229 of 2013. Shri Rajinder Kumar Verma .. Non-Applicant/Plaintiff. Vers
DisposedOpen