Search Results for "trial not barred"

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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...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "trial not barred"

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High Court

Bombay High Court Allows Second Appeals in Property Dispute Cases, Remands for Fresh Consideration on Issue of Limitation and Adverse Possession. The court held that the lower appellate court failed to frame substantial questions of law and erred in reversing the trial court's decree without properly addressing the burden of proof regarding adverse possession under Article 65 of the Limitation Act, 1963.

30 Nov -0001

The case involves three second appeals arising from a property dispute in Goa. The appellants, Narendra Pandurang Chatim and Vandana Narendra Chatim, ...

High Court

Bombay High Court Hears Defendants’ Interim Applications for Rejection of Plaint in Commercial Suit on Grounds of Non-Compliance with Section 12-A Commercial Courts Act, 2015 and Bar Under SARFAESI Act. Applications Filed by Financial Institution Defendants Against Real Estate Borrower Group.

4 Apr 2026

The dispute arises from a commercial suit filed by the plaintiffs against three defendants, seeking specific performance of a Framework Agreement date...

Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit Under Specific Relief Act 1963 - Upholds Decree for Specific Performance Based on Plaintiff's Readiness and Willingness. The Court affirmed that time was not of the essence, discharge of mortgage was a condition precedent, and the plea under Order II Rule 2 CPC was not raised in the written statement and thus barred.

20 Jan 2022

The appeal arose from a judgment and order dated 7 January 2019 of a Single Judge of the High Court of Judicature at Madras, which dismissed the secon...

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.

24 Sep 2025

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 ...

High Court

High Court of Karnataka Allows Regular Second Appeal in Suit for Declaration and Injunction — Plaintiff Fails to Prove Title, Defendant's Adverse Possession Not Established. Court sets aside concurrent findings, holding that burden of proof on plaintiff to prove title was not discharged, and defendant's claim of adverse possession was not proved.

18 Dec 2025

The appellant, Yallappa, was the defendant in a suit for declaration and injunction filed by the respondent, Tangamma, in O.S. No. 19/2012 before the ...

High Court

High Court of Karnataka Condones Delay in Cross-Objection in Partition Suit Involving Muslim Law. Court Determines that 89-Year-Old Defendant Suffering from Old Age Ailments and Lacking Family Support Constituted Sufficient Grounds to Condone 614-Day Delay in Filing Cross-Objection.

4 Apr 2025

The dispute concerned a suit for partition filed by the appellants (plaintiffs), who are the brothers and sister of the deceased Shahnaz Begum, agains...

High Court

Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

16 Apr 2015

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Specific Performance Suit — Maintainability of Civil Suit Not Barred by Senior Citizens Act, 2007. Order 7 Rule 11 CPC Rejection Set Aside as Plaint Disclosed Cause of Action and Bar Under Section 23 of Senior Citizens Act Not Applicable to Agreements Prior to Act.

30 Jun 2022

The appellant/plaintiff filed a suit for specific performance of contract of sale, alleging that the respondent/defendant executed a registered agreem...

High Court

Bombay High Court Allows Amendment of Written Statement in Commercial Suit, Rejecting Limitation Bar Under Article 137. Article 137 of Limitation Act, 1963 Held Inapplicable to Applications for Amendment of Pleadings, Allowing Defendants to Elaborate Existing Defences.

7 Dec 2011

The case involves a Chamber Summons taken out by defendant nos. 1, 2, 4, and 5 in Suit No. 2256 of 1998 pending before the Bombay High Court. The defe...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — Upholds Concurrent Findings on Title and Adverse Possession. Court holds that dismissal of restitution application under Section 144(1) CPC does not bar a fresh suit for possession based on independent title.

11 Oct 2018

The case involves a property dispute over a house and land at Survey No. 123, Block No. 276, village Atyal, taluka Gadhinglaj. The respondents (origin...

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