Search Results for "Order XLIII CPC"

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Search Results for "Order XLIII CPC"

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High Court

High Court Upholds Appellate Court's Grant of Temporary Injunction in Easement Dispute Based on Sale Deed Recital. The court affirmed the plaintiff's entitlement to an approach way as an easement by grant under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, due to a prima facie case and balance of convenience favoring injunction.

6 Apr 2026

The dispute involved a writ petition filed by the original defendant challenging the Appellate Court's judgment that allowed an appeal and granted tem...

High Court

High Court of Karnataka Quashes Order in Civil Revision Petition Due to Lack of Jurisdiction and Non-Compliance with CPC Provisions — Petitioner's Application for Temporary Injunction Dismissed Without Proper Consideration of Order 39 Rules 1 and 2 CPC.

9 Aug 2024

The petitioner, Sangameshgouda Mudigoudra, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of certiorari ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Condonation of Delay in Restoration of Appeal. Delay of 2 years and 2 months not sufficiently explained; court upholds Appellate Court's refusal to condone delay.

27 Feb 2024

The present Writ Petition was filed by the petitioners challenging the judgment and order dated 21.07.2015 passed by the learned Appellate Court in Ci...

High Court

High Court of Karnataka Considers Appeal Against Discretionary Order Refusing Interim Injunction in Passing Off Suit — Visual Wrapper Similarity and Ordinary Purchaser Test Examined. Court Examines Whether Emphasis on Dissimilarities Rather Than Similarities Amounted to Error of Principle.

28 Sep 2021

The present appeal arose from a suit for passing off and copyright infringement filed by ITC Limited (plaintiff) against CG Foods (India) Private Limi...

High Court

Bombay High Court Dismisses Writ Petition Against Refusal of Status Quo Order, Holding Remedy of Appeal Available Under Order XLI Rule 1(r) CPC. The Court held that an order declining to grant ex parte ad interim injunction is an order under Order XXXIX Rule 1 or 2 CPC and is appealable under Order XLI Rule 1(r) CPC, and therefore a writ petition is not maintainable.

29 Jun 2021

The petitioner, Syed Abdul Rahim, filed a civil suit (RCS No. 22 of 2021) before the Civil Judge, Junior Division, Parali, District Beed, seeking decl...

High Court

Bombay High Court Dismisses Appeal Against Consent Order Recording Settlement in Arbitration Challenge. Parties Bound by Compromise Under Order XXIII Rules 1 & 3 CPC; No Appeal Lies Against Consent Order.

5 Mar 2021

The appellant, Bhiwandi Nizampur City Municipal Corporation, entered into a contract with the respondent, M/s. Antony Waste Handling Cell Pvt. Ltd., f...

High Court

Bombay High Court Dismisses Appeal Against Order in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial court's refusal to grant specific performance of agreement to sell as plaintiffs failed to prove readiness and willingness to perform their part of contract under Section 16(c) of Specific Relief Act, 1963.

22 Oct 2019

The dispute pertains to a suit for specific performance of an agreement to sell dated 18-04-2005 concerning agricultural land bearing Khasara No.40, P...

High Court

Bombay High Court Allows Appeals in Property Dispute Over Injunction Orders — Held That First Appellate Court Erred in Granting Injunction Without Considering Balance of Convenience and Prima Facie Case Under Order 39 Rules 1 and 2 CPC.

4 Mar 2014

The case involves two appeals filed by the appellants against the judgment and order of the First Appellate Court in Regular Civil Appeal Nos. 615/201...

High Court

Bombay High Court Dismisses Appeal Against Notice to Show Cause in Execution of Consent Decree — Order 21 Rule 22 CPC Notice Upheld as Procedural Step Not Final Adjudication.

8 Sep 2006

The case arises from an appeal filed by Dr. Amir Fidahusain and others against an order dated 12th June, 2006 passed by a learned single Judge of the ...

High Court

Bombay High Court Dismisses Civil Revision Application in Trust Membership Dispute — Upholds Trial Court's Refusal to Amend Plaint After Issues Were Framed. Amendment Sought to Add New Grounds of Challenge Against Trust Elections Was Barred by Delay and Would Change the Nature of the Suit Under Order 6 Rule 17 CPC.

26 Jul 2005

The case arises from a civil revision application filed by the original plaintiffs (applicants) against the rejection of their application for amendme...

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