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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Recall Order in Execution Proceedings. Judgment Debtor's Application Under Section 151 CPC for Recalling Order Dated 10.07.2024 Was Rightly Dismissed as Not Maintainable.

The petitioner, M/s Pushpam Realty, a partnership firm, is the judgment debtor in Execution No.1075/2020 pending before the III Additional City Civil ...

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Bombay High Court Partially Dismisses Petition Challenging Rejection of Amendment in Partition Suit — Amendment Sought After Commencement of Trial Disallowed as It Would Change Nature of Suit Under Order VI Rule 17 CPC

The petitioner, Raju Danchand Bardia, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 13th October 202...

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High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

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High Court of Karnataka Dismisses Writ Appeal and Petition Challenging KIADB Land Allotment — No Pre-existing Right of Appellant Established. Allotment to Third Party Upheld as Valid Under KIAD Act, 1966.

The appellant, Garden City Fashions Pvt Ltd, filed a writ appeal and a writ petition challenging the allotment of land by the Karnataka Industrial Are...

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Bombay High Court Dismisses Second Appeal in Property Suit for Declaration of Ownership and Possession — Concurrent Findings of Fact Not Disturbed. Sale deed of 1972 held not proved due to lack of execution and attestation evidence, and suit barred by limitation under Article 65 of Limitation Act, 1963.

The appellant-plaintiff, Mirabai Ramasare Pardeshi (since deceased, represented by legal representatives), filed Special Civil Suit No. 1853 of 1996 s...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and concurrent.

The case involves a second appeal filed by the defendants (appellants) against the judgment and decree dated 12.4.2005 passed by the First Additional ...

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Bombay High Court Dismisses Petition Challenging Allotment of Surplus Land Under Urban Land Ceiling Act. Petitioners' claim for housing scheme under Section 20 rejected as they failed to comply with statutory requirements and the land was already allotted to a trust.

The petitioners, legal representatives of original landowners, filed a writ petition under Article 226 of the Constitution of India challenging an ord...