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High Court of Karnataka Allows Appeal in Property Dispute Over 'AB' Wall — Remand Order Set Aside for Lack of Jurisdiction. First Appellate Court Exceeded Powers Under Order 41 Rule 23 CPC by Remanding Without Recording Satisfaction That Decree Was Reversed or Set Aside.

The present miscellaneous second appeal was filed by the appellants/defendants challenging the judgment and decree dated 31.01.2013 passed by the Fast...

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High Court of Gujarat Allows Appeal in Contract Dispute — Remands Case for Fresh Consideration of Counterclaim Due to Violation of Natural Justice. Failure to Provide Opportunity to Lead Evidence on Counterclaim Under Order 8 Rule 6A CPC Warrants Remand.

The appellant, Executive Engineer of Gujarat Water Supply and Sewerage Board, filed a suit for damages of Rs. 17,28,855.65 against the respondent, Kat...

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Bombay High Court Dismisses Revision in Res Judicata Case — Suit Not Barred as Earlier Suit Was Withdrawn Without Liberty to File Fresh Suit. Order VII Rule 11(d) CPC Application Rejected as Earlier Suit Was Not Decided on Merits.

The revision application arose from an order of the 7th Joint Civil Judge, Senior Division, Nagpur, rejecting the defendant's application under Order ...

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High Court of Karnataka Dismisses Appeal in Property Suit, Upholds Trial Court Decree for Declaration, Possession, and Mesne Profits. Vendor-Purchaser Dispute: Non-delivery of possession after sale deed execution leads to decree for possession and mesne profits.

The case involves a Regular First Appeal filed by defendant Nos.1 and 2 (Kullappa and Muniyellappa) against the judgment and decree dated 11.04.2003 i...

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High Court of Karnataka Allows Second Appeal in Property Dispute Between Husband and Wife — Sale Deed by Wife Upheld as Valid. The court held that a Hindu wife has an independent right to alienate her share of property and that a child marriage does not automatically invalidate a subsequent sale.

The respondent, Mallayya, filed a civil suit (O.S. No.127/1994) seeking a declaration that he was the owner of land bearing Survey No.94/2B measuring ...

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Supreme Court Upholds Maintainability of Composite Appeal Against Common Judgment in Two Civil Suits. Composite Appeal Filed with Certified Copies of Both Decrees and Payment of Court Fees for Two Appeals Is Maintainable Under Section 96 of Code of Civil Procedure, 1908.

The dispute arose from two civil suits filed by the same plaintiff before the trial court. The first suit, O.S. No.14 of 1986, sought a declaration th...