Search Results for "vacate injunction"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "vacate injunction"

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High Court

High Court of Karnataka Allows Appeal in Property Suit — Rejection of Plaint Under Order 7 Rule 11 CPC Set Aside for Lack of Jurisdictional Fact Finding. The Court held that the issue of res judicata is a mixed question of law and fact requiring trial, not a preliminary rejection under Order 7 Rule 11 CPC.

25 Jul 2025

The case involves a property dispute between the appellants (legal representatives of the deceased plaintiff Rajamma) and the respondent (Muniyamma). ...

High Court

High Court of Karnataka Dismisses Appeals Against Interim Injunction in Property Suit — Balance of Convenience Favors Plaintiff. The court upheld the trial court's order granting interim injunction under Order 39 Rules 1 and 2 CPC, finding no perversity in the exercise of discretion.

7 Jul 2025

The case involves four miscellaneous first appeals filed by the appellants, Mohamed Umar Seeni Ariff Khan and Mrs. Mumtaj Seeni Ariff Khan, against th...

Supreme Court

Supreme Court Dismisses Appeal in Property Dispute, Upholding High Court's Decree for Possession and Injunction. The Court held that the suit was not under Section 6 of the Specific Relief Act, 1963, making the appeal competent, and rejected belated applications for amendment of written statement and additional grounds at the appellate stage.

29 Mar 2023

The dispute originated from a suit filed by the plaintiff (respondent) seeking permanent injunction and later amended to include prayers for possessio...

High Court

Bombay High Court Allows Petitions Challenging Demolition Notices for Shops in H.M. Petit Widows Homes — Violation of Natural Justice and Failure to Consider Representations. The court held that the municipal corporation must follow principles of natural justice before issuing demolition notices and must consider representations of occupants.

13 Aug 2022

The petitioners, who are occupants of shops in a building known as H.M. Petit Widows Homes, owned by the Nesserwanjee Manockjee Petit Charity Fund (a ...

Supreme Court

Supreme Court Allows Execution Decree Holder to Seek Possession Against Third Party Resisters Under Order XXI Rule 97 CPC. The Court held that executing court can decide objections of third parties claiming independent title without requiring a separate suit, and amendment of execution petition is permissible to avoid multiplicity.

18 Dec 2020

The case arises from a specific performance decree obtained by Ayyavoo Udayar (predecessor of appellants) against vendors (respondent nos. 3 and 4) fo...

High Court

Bombay High Court Dismisses Petitions by Non-Signatories Under Section 37 of Arbitration Act. Third Parties Cannot Appeal Interim Arbitral Orders Absent Privity of Arbitration Agreement.

31 Aug 2018

The dispute arose from arbitration proceedings between Excel Metal Processors Pvt. Ltd. (respondent no.1) and Shakti International Private Limited (re...

High Court

Bombay High Court Dismisses Landlord's Second Appeal, Upholds Tenant's Right to New Premises Despite Demolition of Old Shop. Tenancy Rights Were Held Not to Be Terminated by Demolition, and Doctrine of Frustration Under Section 56 of Indian Contract Act Was Inapplicable.

30 Oct 2017

This second appeal arose from a civil suit filed by the respondent-plaintiff, a tenant in a shop block owned by the appellant-landlord. The parties ha...

High Court

High Court of Karnataka Sets Aside Trial Court Judgment for Lack of Reasons in Declaration and Injunction Suit — Remands for Fresh Disposal. Court finds that the Trial Court failed to discuss evidence or assign reasons on issues framed, rendering the judgment unsustainable under Order 20 Rule 4(2) CPC.

18 Dec 2015

The appellant, who was the defendant in the original suit, challenged the judgment and decree dated 23 June 2014 passed by the XLIII Additional City C...

High Court

Bombay High Court Dismisses Second Appeal in Possession Suit — Licensee Status Upheld. Brother-in-law held to be gratuitous licensee, not co-owner, as plaintiff proved self-acquisition of property under Transfer of Property Act, 1882.

22 Jan 2014

The case involves a dispute between Sujata Ashok Moon (plaintiff/respondent) and Rajendra Parasramji Moon (defendant/appellant) over possession of a t...

High Court

Bombay High Court Allows Second Appeal in Property Suit — Upholds Plaintiff's Title Based on Adverse Possession and Invalidates Sale Deed for Lack of Consideration. The court held that a sale deed without consideration is void and that the plaintiff failed to prove adverse possession but succeeded on the ground of invalid sale deed.

21 Dec 2012

The case involves a second appeal arising from a property dispute. The original plaintiff, Joao Necessidade Roque Antonio Vas (since deceased, represe...

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