Search Results for "alienation during injunction"

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High Court

Bombay High Court Allows Appeal Against Rejection of Notice of Motion in Suit for Specific Performance — Holds That Heirs and Legal Representatives of Deceased Defendant Can Maintain Application Under Order XXXIX Rule 1 and 2 CPC. The court set aside the trial court's order and remanded the matter for consideration on merits, emphasizing that legal representatives step into the shoes of the deceased defendant and are entitled to seek interim protection.

25 Jun 2026

The present appeal arises from an order dated 6th October 2023 passed by the Trial Court in Notice of Motion No. 1975 of 2022 in Suit No. 8582 of 1992...

High Court

High Court of Karnataka Allows Appeal in Property Injunction Dispute — Sets Aside Trial Court Order for Lack of Application of Mind. Order 39 Rule 1 and 2 CPC Injunction Granted Without Proper Consideration of Prima Facie Case, Balance of Convenience, and Irreparable Loss.

24 Jul 2025

The appellant, Sri Yathievendra Naik @ Yathish, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC)...

High Court

High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. The plaintiff's readiness and willingness to perform the contract and the suit being within limitation were concurrent findings of fact not open to challenge in second appeal.

23 Feb 2024

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) filed by the appellants (defendants) against the judgme...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

15 Dec 2022

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) was filed by the appellants (legal representatives of t...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit — Karta's Authority to Sell Joint Hindu Family Property Upheld. The Court held that a Karta can execute an agreement to sell joint family property without consent of other coparceners if supported by legal necessity, and the absence of their signatures does not invalidate the transaction.

12 Oct 2021

The Supreme Court allowed the appeal filed by Beereddy Dasaratharami Reddy against the judgment of the Karnataka High Court which had dismissed his su...

High Court

High Court of Karnataka Dismisses Appeals in Property Declaration Suits — Concurrent Findings of Fact Not Interfered With. Appellants failed to prove title and possession; no substantial question of law arose under Section 100 CPC.

20 Dec 2019

The judgment pertains to two Regular First Appeals (R.F.A.No.784/2013 and R.F.A.No.785/2013) filed under Section 96 read with Order 41 Rule 1 of the C...

Supreme Court

Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

7 Aug 2019

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

High Court

High Court of Karnataka Sets Aside Trial Court Orders in Arbitration Reference Dispute — Agreement Contained Arbitration Clause, Civil Suit Not Maintainable. Section 8(1) of Arbitration and Conciliation Act, 1996 Mandates Reference to Arbitration When Party to Agreement Invokes It Before First Statement on Substance of Dispute.

11 Sep 2015

The petitioner, Smt. Rashmi Solanki, filed writ petitions under Article 227 of the Constitution of India challenging two orders passed by the Senior C...

High Court

Bombay High Court Allows Revision Against Wakf Tribunal's Refusal of Temporary Injunction in Property Possession Suit. Wakf Board's Claim of Public Wakf Property Supported by Registration and Gazette Notification.

3 May 2014

The Maharashtra State Board of Wakf filed a Civil Revision Application under Section 83(9) of the Wakf Act, 1995, challenging an order of the Wakf Tri...

High Court

High Court of Karnataka Allows Regular Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Courts Below Reversed on Ground of Non-Examination of Attesting Witness to Will. The first appellate court's reversal of the trial court's decree was set aside as it failed to consider the mandatory requirement of examining an attesting witness to prove the Will under Section 68 of the Indian Evidence Act, 1872 read with Section 63 of the Indian Succession Act, 1925.

1 Oct 2013

The appellant, H.M. Rudraradhya, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and de...

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