Karnataka High Court

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Karnataka High Court

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High Court of Karnataka Allows Defendant's Amendment Application in Specific Performance Suit — Delay Not a Ground for Rejection. Amendment to plead that agreement of sale was void for lack of consideration and signature is necessary for just adjudication under Order VI Rule 17 CPC....

The petitioner, who is the defendant in O.S.No.27/2012 pending before the Senior Civil Judge, Kolar Gold Fields, filed a writ petition under Article 227 of the Constitution of India challenging the or...

High Court

High Court of Karnataka Quashes Order Setting Aside Abatement in Regular Appeal — Failure to File Application Within Limitation and Lack of Sufficient Cause for Delay Leads to Restoration of Abatement Order. The court held that the application to set aside abatement must be filed within the prescribed period of limitation under Order XXII Rule 4 CPC and Section 5 of the Limitation Act, 1963, and that the discretion to condone delay must be exercised judiciously....

The petitioner, Smt. M. Girija, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 28.01.2021 passed by the Senior Civil Judge, Maddur, on an I.A. filed o...

High Court

High Court of Karnataka Quashes Order Allowing Amendment of Plaint in Partition Suit — Amendment Sought After 13 Years, Causing Prejudice to Defendants. The court held that belated amendments altering the nature of the suit and causing irreparable prejudice to the opposite party cannot be allowed under Order 6 Rule 17 CPC....

The petitioner, Smt. Hamsaveni, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 21.04.2021 passed by the Principal Senior Civil Judge and JMFC at Devan...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Concurrent Findings in Suit for Permanent Injunction — Supervisory Jurisdiction Under Article 227 Not to Be Used to Reappreciate Evidence. The Court Held That Concurrent Findings of Fact by Trial Court and Appellate Court Cannot Be Interfered With Unless Perverse or Jurisdictional Error Exists....

The petitioners, who were the plaintiffs in a suit for permanent injunction, filed a writ petition under Article 227 of the Constitution of India challenging the order of the trial court dated 30.06.2...

High Court

High Court of Karnataka Allows Regular Second Appeal in Property Dispute — Suit for Declaration and Injunction Dismissed Due to Failure to Prove Title and Possession. Court holds that plaintiffs must establish title and possession independently, and that a co-owner in exclusive possession of a portion cannot be dispossessed without due process of law....

The appellants, who were the plaintiffs in the original suit, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 26.3.2014 pass...

High Court

High Court of Karnataka Dismisses Petition Seeking Abatement of Suit Under Order 22 CPC - Petitioner Failed to Prove Death of Plaintiff Before Suit Was Re-Filed. The Court held that abatement under Order 22 CPC does not apply when the plaintiff dies before the suit is re-filed, and the burden of proving non-impleadment of legal representatives within limitation lies on the party alleging abatement....

The petitioner, Sri Chetan P Tayal, who was the defendant No.2 in O.S. No.96/2015 (originally O.S. No.19/2010) pending before the Additional Senior Civil Judge and JMFC at Srirangapatana, filed a writ...

High Court

High Court of Karnataka Allows Writ Petition Challenging Rejection of Application to Recall Witnesses in Civil Suit. Court holds that trial court erred in dismissing IA for recall of PW-1 for further cross-examination without considering the principles of natural justice and fair opportunity....

The petitioners, who are the plaintiffs in O.S.No.4067/2009 pending before the XV Additional City Civil and Sessions Judge, Bengaluru, filed a writ petition under Article 227 of the Constitution of In...

High Court

High Court of Karnataka Allows Commercial Appeal in Partnership Dispute — Rejects Rejection of Plaint Under Order VII Rule 11 CPC. Court holds that a plaint cannot be rejected on the ground of non-joinder of necessary parties or lack of cause of action when the plaintiff seeks declaration of partnership rights and accounts....

The case involves a commercial appeal filed by Mrs. Bhagyashree Jain against M/s. Vyshnavi Visions and its partners, challenging the trial court's order dated 10.01.2025 in Com. O.S. No.1692/2024, whi...

High Court

High Court of Karnataka Allows Bank's Writ Petition, Quashes Commercial Court Order Rejecting IA for Production of Documents. Court Holds That Production of Documents Under Order XI Rule 12 CPC Cannot Be Denied on Grounds of Relevance at the Stage of Filing IA....

The petitioner, The Karnataka Bank Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging an order dated 30.09...

High Court

High Court of Karnataka Allows Writ Petition to Recall Witness in Civil Suit — Petitioner Allowed to Recall PW1 for Cross-Examination. Order XVI Rule 1(3) CPC permits recall of witness for cross-examination if sufficient cause is shown and no prejudice is caused to the other side....

The petitioner, Sri Venkappa Gowda, represented by his GPA holder, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 08.12.2021 passed by the Additional ...

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