Search Results for "Article 227 CPC"

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Madras High Court Dismisses Revision Petitions Challenging Orders on Impleading and Rejection of Plaint in Suit for Specific Performance — Held That Trial Court's Discretionary Orders Under Order 1 Rule 10 CPC and Order 7 Rule 11 CPC Are Not Interfered With Under Article 227.

The case involves two Civil Revision Petitions filed under Article 227 of the Constitution of India, 1950, arising from a suit for specific performanc...

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High Court of Karnataka Dismisses Petition Challenging Compromise Decree in Partition Suit — Petitioners Failed to Prove Fraud or Misrepresentation. Challenge to Compromise Decree Under Order XXII Rule 3 CPC Dismissed as Not Maintainable and Time-Barred.

The petitioners, Sri Shivarudrappa and Sri S. Somashekar, were defendants No.1 and 3 in O.S.No.24/2011, a suit for partition filed by the respondent, ...

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High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order in Suit for Specific Performance — Petitioner Failed to Establish Prima Facie Case for Interim Injunction Under Order 39 Rules 1 and 2 CPC.

The petitioners, legal representatives of the original plaintiff Smt. Venkamma Namasivayam, filed a suit for specific performance of an agreement to s...

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High Court of Karnataka Allows Appeal in Property Suit — Remand Order Set Aside Due to Lack of Jurisdiction Under Order XLI Rule 33 CPC. Appellate Court Exceeded Powers by Setting Aside Final Decree in Unconnected Suit Without Appeal or Cross-Objection.

The appellant, Smt. Shantawwa, filed a Miscellaneous Second Appeal under Section 43 Rule 1(u) read with Section 104 of the Code of Civil Procedure, 19...

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Bombay High Court Dismisses Writ Petition Challenging Unconditional Stay of Arbitral Award Due to Stamp Duty Deficiency. Arbitration Agreement in Unstamped Member Client Agreement Held Void Ab Initio Under Maharashtra Stamp Act, 1958.

The petitioner, M/s. Anand Rathi Share & Stock Brokers Ltd., challenged an order passed by the District Judge-1, Amravati, which granted unconditional...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Executing Court's Order Refusing to Recall Warrant of Possession Under Order XXI Rule 97 CPC. Executing Court's Discretion to Refuse Recall of Warrant After Delivery of Possession Upheld as No Material Irregularity Shown.

The petitioners, original decree holders in Execution Application No. 22/2008, filed a writ petition under Article 227 of the Constitution challenging...

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Bombay High Court Dismisses Licensee's Writ Petition Against Eviction Decree in Leave and License Dispute — Licensee Failed to Renew Agreement Despite Licensor's Readiness, Eviction Upheld Under Presidency Small Cause Courts Act, 1882.

The petitioner, Suhas Janardan Chavan, proprietor of M/s. Suhas Hydro Systems, was a licensee of an industrial shed admeasuring 4000 sq. ft. under a l...

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Bombay High Court Dismisses Petition Challenging Director's Evidence in Specific Performance Suit — Order 18 Rule 3A CPC Does Not Apply to Company Director. Director of Plaintiff-Company Can Be Examined After Constituted Attorney Without Prior Permission Under Order 18 Rule 3A CPC.

The petitioners, defendants in a suit for specific performance of a contract based on email exchanges, challenged the trial court's order allowing the...

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Bombay High Court Dismisses Petition Challenging Abatement of Suit for Easement of Necessity. Failure to Bring Legal Representatives of Deceased Plaintiff Within Limitation Leads to Abatement of Entire Suit Under Order 22 Rule 3 CPC.

The petitioners, original plaintiffs 1 to 4 and 6, along with Banubai Hariba Mohite (original plaintiff no.5), filed Regular Civil Suit No.278 of 1981...