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Karnataka High Court Allows Writ Petition Challenging Trial Court Order Refusing to Implead Trust Members in Suit for Declaration and Injunction — Held That Necessary Parties Must Be Joined Under Order 1 Rule 10 CPC to Avoid Multiplicity of Proceedings.

The petitioners, who are trustees and office bearers of Shree Beereswara (Channakeshwara) Swamy Seva Trust, filed a writ petition challenging the orde...

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Bombay High Court Dismisses Partition Suit as Barred by Res Judicata and Limitation in Family Property Dispute. Consent decree in earlier suit and ouster of co-owners bars subsequent suit for partition under Section 11 CPC and Article 65 of Limitation Act, 1963.

The plaintiffs, Rusi Hormusji Pavri and others, filed a suit for partition and declaration of co-ownership of 'Pavri House' against the defendants, wh...

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Bombay High Court Convicts Directors for Contempt of Court in Winding Up Case - Breach of Undertaking and Removal of Seals Leads to Conviction. Wilful Disobedience of Court Order Constitutes Civil Contempt Under Sections 2 and 12 of the Contempt of Courts Act, 1971.

The present show cause notice was issued under Section 2 read with Section 12 of the Contempt of Courts Act, 1971 and Article 215 of the Constitution ...

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Bombay High Court Allows Appeal in Property Dispute — Consent Terms Not Binding on Applicants Under Order 21 Rule 99 CPC. Court holds that applicants who were not parties to consent terms are entitled to restoration of possession or alternative accommodation.

The case involves an appeal filed by the plaintiffs (appellants) against an order of a learned single Judge in a Chamber Summons taken out by Responde...

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Bombay High Court Dismisses Petitioner's Challenge to Execution Decree in Property Suit — Held that Execution Court Cannot Go Behind Decree and Must Execute It as It Is. Objections Regarding Fraud and Transfer of Property Must Be Raised in Suit or Appeal, Not in Execution Proceedings Under Section 47 CPC.

The petitioner, Sukumar Estates Ltd. (now Kumar Housing Corporation Limited), filed a writ petition under Article 227 of the Constitution of India cha...