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Search Results for "declaration of title"

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Supreme Court

Supreme Court Dismisses Appeal in Property Title Dispute — Res Judicata Not Applicable as Earlier Suit Was Only for Injunction, Not Title. Former Students' Suit in Representative Capacity for Declaration of Government Ownership Maintainable Despite Earlier Injunction Decree.

10 Mar 2025

The dispute pertains to a suit property bearing Sy.No.81 of Tumkur, originally belonging to Syed Md. Bokhari and Lankey. Due to non-payment of arrears...

High Court

Karnataka High Court Dismisses Second Appeal in Suit for Declaration and Injunction — Concurrent Findings Upheld. Plaintiff Failed to Prove Title and Possession Over Suit Property; Non-Examination of Attesting Witnesses to Sale Deed Led to Adverse Inference.

5 Dec 2018

The legal representatives of the original plaintiff in O.S. No. 104/1982 (old No. 215/1968) filed a second appeal under Section 100 of the Code of Civ...

High Court

High Court of Karnataka Allows Appeal in Property Declaration and Possession Suit — Will Construction and Execution Proved. Court holds that execution of will must be proved by examining at least one attesting witness under Section 68 of Indian Evidence Act, 1872, and that a will is not required to be registered under Section 18 of the Registration Act, 1908.

25 Oct 2018

The appeal arises from a judgment and decree dated 17.01.2004 in O.S.No.16271/2001 on the file of the XXVIII Additional City Civil and Sessions Judge,...

High Court

High Court of Karnataka Allows Framing of Additional Issue in Injunction Suit Despite Absence of Rejoinder. Order XIV Rule 5 CPC empowers court to frame issues from pleadings, not limited to denial.

14 Aug 2018

The petitioner, defendant in a suit for permanent injunction, filed an application under Order XIV Rule 5 CPC seeking framing of an additional issue r...

High Court

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

15 Jun 2017

The appellants (original plaintiffs) filed a suit for declaration of title and permanent injunction in respect of suit property bearing R.S. No. 165/2...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Suit for declaration and injunction dismissed as plaintiff failed to prove title and possession over suit property.

19 Apr 2017

The appellants, legal representatives of the original plaintiff Abdulsab Nannesab Totad @ Jekinkatti, filed a second appeal under Section 100 of the C...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises under Section 100 CPC where courts below have concurrently found that plaintiffs failed to prove title and possession.

15 Dec 2016

The appellants (plaintiffs) filed a suit for declaration of title and permanent injunction in respect of certain immovable property. The trial court d...

High Court

High Court of Karnataka Allows Second Appeal in Property Suit — Concurrent Findings Set Aside for Perversity. Plaintiff failed to prove sale deed execution under Evidence Act, mutation entries insufficient to establish title.

28 Jun 2016

The case involves a Regular Second Appeal filed by the defendants (appellants) against the judgment and decree of the Senior Civil Judge, Hukkeri, whi...

High Court

High Court of Karnataka Dismisses Appeal by Industrial Development Board in Suit for Declaration and Injunction — Board's Failure to Prove Title and Possession Leads to Dismissal. The court held that the Board, as a statutory authority, must prove its title and possession before seeking eviction, and its failure to do so results in dismissal of the appeal.

26 Apr 2016

The appeal was filed by the Karnataka Industrial Areas Development Board (KIADB) and its officers against the judgment and decree dated 12.12.2012 pas...

High Court

High Court of Karnataka Dismisses Appeal by Industrial Development Board in Suit for Declaration and Injunction — Board's Failure to Prove Title and Possession Leads to Dismissal of Appeal.

26 Apr 2016

The appeal was filed by the Karnataka Industrial Areas Development Board (KIADB) and its officers against the judgment and decree dated 12.12.2012 pas...

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