Karnataka High Court

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Karnataka High Court

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Partition Suit — Petitioner Failed to Show Sufficient Cause for Non-Appearance. The court held that the petitioner's vague allegations and lack of evidence did not constitute sufficient cause under Order IX Rule 13 CPC....

The petitioner, Sri Ashok Kumar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 10.12.2018 passed by the XX Additional City Civil and Sessions...

High Court

High Court of Karnataka Allows Amendment of Plaint in Suit for Declaration and Injunction — Amendment Sought to Include Alternative Relief of Possession and Mesne Profits Held Not to Change Nature of Suit or Cause Prejudice to Defendant. The court set aside the trial court's order rejecting the amendment application under Order VI Rule 17 CPC, holding that pre-trial amendments should be liberally allowed to avoid multiplicity of proceedings....

The petitioners, legal representatives of the original plaintiff, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 19.11.2022 passed by the Principal Se...

High Court

High Court of Karnataka Dismisses Enforcement Directorate's Appeal in PMLA Asset Attachment Case — Appellate Tribunal's Order Quashing Provisional Attachment Upheld Due to Lack of Scheduled Offence Link. The Court held that the Directorate of Enforcement failed to establish that the attached property was proceeds of crime derived from a scheduled offence under the Prevention of Money Laundering Act, 2002, as the predicate offence was not committed by the respondent company....

The Directorate of Enforcement (appellant) filed a Miscellaneous Second Appeal under Section 42 of the Prevention of Money Laundering Act, 2002 (PMLA) against an order dated 11.09.2019 passed by the A...

High Court

High Court of Karnataka Allows Amendment of Plaint in Suit for Declaration — Petitioner Allowed to Amend Plaint to Include Alternative Relief of Specific Performance. Amendment Sought After Commencement of Trial but Before Evidence Concluded, Held Permissible Under Order VI Rule 17 CPC as No Prejudice Caused to Opposite Party....

The petitioner, Smt. C M Bhagyalakshmamma, filed a suit (O.S.No.123/2014) before the Senior Civil Judge and JMFC, Tumakur, seeking a declaration that a sale deed dated 31.03.2011 was null and void. Du...

High Court

High Court of Karnataka Allows Writ Petition to Restore Suit Dismissed for Default, Setting Aside Order That Rejected Restoration on Ground of Arbitration Agreement. Court holds that dismissal for default does not bar restoration and that the trial court must decide the application under Section 8 of the Arbitration and Conciliation Act, 1996 on merits....

The petitioner, K. M. Dastagir Sab, filed a suit (O.S.No.1280/2020) before the II Additional Senior Civil Judge, Bengaluru Rural District, seeking relief against the respondents. The suit was dismisse...

High Court

High Court of Karnataka Allows Amendment of Plaint in Suit for Declaration and Injunction — Petitioner Permitted to Include Alternative Relief of Possession. Amendment Sought After Evidence Closed but Before Judgment Reserved, Held Not Barred by Order VI Rule 17 CPC Proviso as Trial Had Not Concluded....

The petitioner, Sri Channappa, filed a suit (O.S.No.143/2017) before the Principal Civil Judge and JMFC, Chintamani, seeking a declaration of title and permanent injunction in respect of certain immov...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order Refusing to Set Aside Ex-Parte Decree in Suit for Permanent Injunction — Petitioner Failed to Show Sufficient Cause for Non-Appearance Under Order IX Rule 13 CPC....

The petitioner, Institute for Manpower Planning and Career Training (IMPACT), an educational society, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the orde...

High Court

High Court of Karnataka Upholds Constitutional Validity of Karnataka Civil Courts (Amendment) Act, 2023 and Karnataka High Court (Amendment) Act, 2023 — Amendment Acts Not Ultra Vires the Constitution. The court held that the amendments enhancing pecuniary jurisdiction of civil courts and the High Court are valid and do not violate Article 14 or Article 50 of the Constitution....

The writ petition was filed by Baburao challenging the constitutional validity of the Karnataka Civil Courts (Amendment) Act, 2023 (Act No.33 of 2024) and the Karnataka High Court (Amendment) Act, 202...

High Court

High Court of Karnataka Hears Appeals in Partition Suit — Defendants Challenge Partly-Decreed Judgment Under Section 96 CPC; Appeals Clubbed and Heard Together. The Division Bench Considers Whether Trial Court Rightly Granted Plaintiff Partial Relief in Suit for Partition, Declaration, and Injunction....

The judgment dealt with three Regular First Appeals preferred against the judgment and decree dated 18.11.2019 in O.S.No.90/2014 by the II Additional Senior Civil Judge and JMFC, Gokak. The sole plain...

High Court

High Court of Karnataka Dismisses Appeal by State Authorities in Mandatory Injunction Suit — Upholds Trial Court Decree Directing Removal of Encroachment on Public Road. Suit for mandatory injunction and permanent injunction decreed as plaintiff established that defendants had encroached upon a public road by constructing a compound wall, causing obstruction to access....

The Regular First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908, by the defendants (appellants) challenging the judgment and decree dated 10.10.2018 passed in O.S.No.9/2016 by...

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