Search Results for "Regular Civil Suit"

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Gujarat High Court Dismisses Appeal Against Decree of Specific Performance and Mesne Profits. Notarized but Unregistered Agreement to Sell Held Void Under Registration Act, 1908.

The present appeal was filed under Section 96 of the Code of Civil Procedure, 1908 challenging the judgment and decree dated 08.05.2024 passed by the ...

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Supreme Court Dismisses Appeal in Specific Performance Suit Barred by Order 2 Rule 2 CPC. Plaintiff's Omission to Seek Leave for Subsequent Suit for Specific Performance After Earlier Injunction Suit Results in Bar.

The appeal arises from a judgment of the Bombay High Court (Nagpur Bench) in a Second Appeal, which upheld the concurrent findings of the Trial Court ...

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High Court of Bombay Adjudicates Appeal Against Remand Order in Suit for Possession, Where Defendant Sought to Introduce Counter-claim for Specific Performance. Appellate Court's Decision to Allow Amendment and Remand Challenged on Grounds of Limitation and Delay.

The litigation originated from an agreement to sell agricultural land bearing Field Survey No. 161 of Mouza Wanoja-Devi, executed on 9 February 1975 b...

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Bombay High Court Dismisses Writ Petition Challenging Reversal of Temporary Injunction in Property Dispute Between Brothers. Compromise Decree for Partition Gives Defendant Right to Construct on His Share, Plaintiff Fails to Show Exclusive Possession.

The dispute arose between two brothers, Udayraj Babaso Patil (petitioner/defendant) and Pramod Babaso Patil (respondent/plaintiff), over a suit proper...

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Bombay High Court Dismisses Appeal Against Injunction in Specific Performance Suit — Balance of Convenience Favors Plaintiff. Trial Court's Order Restraining Defendant from Creating Third Party Interest Upheld as Plaintiff Established Prima Facie Case and Irreparable Loss.

The appellant, Smt. Manisha Kode, challenged an order dated 24.01.2023 passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No....

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High Court of Karnataka at Bengaluru Considers Second Appeals on Maintainability of Civil Suits Involving Electricity Tariff Dispute – Core Issue Is Bar on Civil Court Jurisdiction Under Section 145 of the Electricity Act, 2003

The appellants, who were plaintiffs in the original suits, filed four separate suits (O.S. Nos. 613/2013, 612/2013, 610/2013, and 611/2013) before the...

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Karnataka High Court Decides Regular First Appeal Arising from Dismissal of Suit for Declaration of Property Ownership. Property Originally Allotted to a Swamiji Under Mysore Government Scheme and Later Subject to Litigation Over Inheritance and Alleged Fraud.

The appeal arose from the dismissal of a suit for declaration of ownership of immovable property situated in Bangalore. The original plaintiff, C.R. H...