Search Results for "Article 227 CPC"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Article 227 CPC"

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High Court

Gujarat High Court Allows Restoration of Suit Dismissed for Default, Condoning Delay of Over 4 Years Due to Sufficient Cause. The Court held that the Trial Court's rejection of condonation was perverse and that a liberal approach is warranted under Order IX Rule 9 CPC and Section 5 of Limitation Act.

17 Mar 2026

The petitioner, heir of the original plaintiff, filed a Special Civil Application under Articles 226 and 227 of the Constitution of India challenging ...

High Court

Bombay High Court Upholds Conditional Stay of Eviction Decree in RAE Suit — Appellate Court's Discretion to Impose Conditions for Stay Upheld Under Article 227. The court held that conditions requiring deposit of entire decretal amount and mesne profits were reasonable and not onerous, and no interference was warranted.

30 Dec 2025

The petitioners, Katty Minoo Dastur and another, filed a Writ Petition under Article 227 of the Constitution of India challenging the order dated 10th...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application for Adverse Inference and Denial of Cross-Examination in Commercial Suit. Trial Court's Discretion Upheld as No Perversity or Arbitrariness Shown Under Article 227 of Constitution of India.

30 Jul 2025

The petitioner, Sivagami N., was the first defendant in a commercial suit (Com.OS 64/2022) pending before the LXXXV Additional City Civil and Sessions...

Supreme Court

Supreme Court Quashes High Court Order in Civil Appeal Under Article 227 of Constitution of India. High Court Exceeded Jurisdiction by Setting Aside Ex-Parte Decree Without Examining Sufficient Cause Under Order IX Rule 13 CPC and by Acting as Appellate Court.

22 Apr 2025

The appeal arose from a High Court judgment dated 1 May 2024 allowing a writ petition under Article 227 of the Constitution of India filed by the resp...

High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Appellate Order — Plaint Rejected Under Order 7 Rule 11 CPC as Suit Barred by Limitation and Section 170 of Representation of the People Act, 1951. The court held that the suit seeking declaration of public documents as fraudulently obtained was barred by limitation and by Section 170 of the Representation of the People Act, 1951, and thus the plaint was liable to be rejected.

22 Apr 2024

The petitioners, original defendants, challenged an order of the District Judge-2 Panaji at Ponda dated 17.10.2023, which allowed an appeal by the res...

High Court

High Court of Karnataka Quashes Ex Parte Decree in Partition Suit Due to Procedural Irregularities in Service of Summons. Failure to Affix Summons on Court Building and Lack of Proper Service Affidavit Renders Ex Parte Decree Unsustainable Under Order V Rule 17 and Order IX Rule 6 CPC.

18 Mar 2024

The case involves two writ petitions filed under Article 227 of the Constitution of India challenging an ex parte decree passed in a partition suit (O...

High Court

High Court of Karnataka Quashes Ex Parte Decree in Partition Suit Due to Procedural Irregularities and Lack of Proper Service of Summons. Court Sets Aside Judgment and Decree Passed Without Affording Opportunity to Defendants, Remands Matter for Fresh Consideration.

18 Mar 2024

The case involves two writ petitions filed under Article 227 of the Constitution of India challenging an ex parte judgment and decree dated 30.09.2023...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Application Under Order VII Rule 11 CPC in Suit for Specific Performance. Court Holds That Agreement to Sell Need Not Be Registered Under Maharashtra Stamp Act for Purposes of Order VII Rule 11 CPC, and That Questions of Limitation and Valuation Are Mixed Questions of Fact and Law Not Decided at Threshold.

28 Mar 2023

The petitioner, Vijay Shivram Pathare, filed a Civil Writ Petition under Article 227 of the Constitution of India challenging the order dated 8th Augu...

Supreme Court

Supreme Court Allows Appeal in Partition Suit Execution — Objection to Territorial Jurisdiction Cannot Be Raised in Execution Proceedings Under Section 47 CPC. The Court held that an objection to territorial jurisdiction must be raised at the earliest opportunity in the trial court under Section 21 CPC and cannot be entertained in execution unless lack of inherent jurisdiction appears on the face of the record.

7 Jan 2019

The appeal arose from a judgment of the High Court of Jharkhand which restored an objection under Section 47 CPC filed by the first respondent in exec...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Jurisdiction of District Judge in Execution Proceedings. Court Holds That Execution Can Be Transferred to Competent Court and District Judge Has Power Under Section 47 CPC.

23 Sep 2015

The petitioner, Sri R. Raghu, filed a writ petition under Article 227 of the Constitution of India challenging the jurisdiction of the 1st Additional ...

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