Search Results for "Civil Procedure Code, 1908"

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Search Results for "Civil Procedure Code, 1908"

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High Court

High Court of Karnataka Dismisses Appeal Against Rejection of Temporary Injunction in Suit for Specific Performance and Injunction — No Prima Facie Case Made Out for Interim Relief. The court held that the appellant failed to establish a prima facie case for grant of temporary injunction under Order 39 Rules 1 and 2 CPC as the agreement of sale was unregistered and the claim appeared stale.

23 Nov 2024

The appellant, M/s. Gaurav Rose Real Estate Pvt. Ltd., filed a miscellaneous first appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 190...

High Court

High Court of Karnataka Allows Second Appeal in Partition Suit — Sets Aside Concurrent Findings of Courts Below. Held that the Trial Court and First Appellate Court erred in granting share to plaintiffs without proper proof of joint family status and without considering the effect of prior partition and ouster.

23 Mar 2023

The appellant, defendant No.2, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Partition Suit — Petitioner Failed to Show Sufficient Cause for Non-Appearance. The court held that the petitioner's vague allegations and lack of evidence did not constitute sufficient cause under Order IX Rule 13 CPC.

25 Sep 2025

The petitioner, Sri Ashok Kumar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 10.12.2018 p...

High Court

Bombay High Court Dismisses Condonation of Delay Application by Municipal Corporation Due to Lack of Sufficient Cause. Delay of 235 Days in Filing Appeal Not Explained with Affidavit or Proper Grounds, Limitation Act, 1963 Section 5.

17 Jan 2006

The Municipal Corporation of Greater Mumbai filed an application for condonation of delay of 235 days in filing a first appeal against a decision of t...

High Court

High Court of Karnataka at Kalaburagi Adjudicates Regular First Appeals Against Partition Decree. Trial Court Had Decreed Suit for Partition and Separate Possession, and Appeals Under Section 96 of Code of Civil Procedure, 1908 Challenge That Decree.

22 Dec 2022

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High Court

Bombay High Court Allows Revision Application in Suit for Declaration and Injunction — Plaint Ordered to be Returned for Presentation to Proper Court Due to Lack of Territorial Jurisdiction. The court held that the City Civil Court at Dindoshi lacked jurisdiction over immovable property situated in Kandivali, and the plaint must be returned under Order VII Rule 10 CPC.

10 Oct 2011

The case involves a civil revision application filed by the original defendant no. 4, Manju Narendra Gupta, challenging an order of the City Civil Cou...

High Court

Bombay High Court Dismisses Husband's Petition to Discard Wife's Affidavit Evidence in Maintenance Proceedings Under Section 125 CrPC. Affidavit of evidence filed under Order 18 Rule 4 CPC is valid evidence and cannot be discarded merely because it was filed by the wife in a maintenance case.

5 Dec 2016

The petitioner, Anil Ambashankar Joshi, husband of the respondent Reena Anil Joshi, filed a writ petition under Article 227 of the Constitution of Ind...

High Court

Bombay High Court Dismisses Application for Return of Plaint in Summary Suit, Holds Dispute Not Commercial Under Commercial Courts Act. Assignment of Debt by Leasing Company Not an Ordinary Transaction of Financier or Trader Under Section 2(1)(c)(i) of Commercial Courts Act, 2015.

11 Nov 2024

The case involves an Interim Application filed by Defendant No. 1 (Varanium Cloud Limited) seeking return of the plaint under Order VII Rule 10 of the...

High Court

Bombay High Court Dismisses Appeal Against Striking Off Defence in Foreign Award Enforcement. Non-compliance with interim orders under Section 9 of Arbitration and Conciliation Act, 1996 leads to striking off defence under Order 39 Rule 11 CPC.

24 Jan 2013

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 4 October 2012, which allowed a motion under Order 39 Rule 1...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in Property Suit Against Municipal Council. Petitioners’ Unregistered Sale Deed and Will Deed Fail to Show Prima Facie Case for Injunction Under Order 39 Rules 1 and 2 CPC, 1908.

3 Dec 2013

The writ petition was filed against the concurrent orders of the Joint Civil Judge, Senior Division, Osmanabad, and the Adhoc District Judge-1, Osmana...

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