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

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of CPC Application in Eviction Appeal Under Karnataka Public Premises Act. CPC Provisions Not Applicable to Summary Proceedings Under Section 10 of the Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974.

2 Apr 2026

The petitioner, T.V. Sathyanarayana Gupta, was an alleged unauthorized occupant of a shop in a municipal complex in Pavagada Town, Tumakuru District. ...

High Court

Madras High Court Allows Restoration of Suit Dismissed for Default Due to Advocate's Negligence — Plaintiff Not Penalized for Advocate's Lapse Under Order IX Rule 9 CPC. Conditional Order Set Aside Subject to Payment of Rs.1,000 Costs.

6 Jan 2026

The plaintiff filed a civil suit in 2011 seeking declaration, permanent injunction, and alternative relief of partition. On July 27, 2016, the suit wa...

Supreme Court

Supreme Court Allows Appeal in Property Dispute, Reverses High Court's Dismissal of Second Appeal Under Section 100 CPC. The High Court's failure to frame a substantial question of law as required under Section 100 of the Code of Civil Procedure, 1908, rendered its judgment unsustainable, leading to remand for fresh consideration.

23 Apr 2025

The appeal arose from a property dispute involving cancellation of sale deeds, recovery of possession, and injunction. The appellants, second to fifth...

Supreme Court

Supreme Court Allows Amendment of Plaint in Partition Suit — Upholds High Court Order Permitting Challenge to Will and Inclusion of Movable Properties. Amendment Sought Before Commencement of Cross-Examination Held Not Barred by Proviso to Order VI Rule 17 CPC.

20 Sep 2024

The dispute arises out of a partition suit filed by Suman Agarwal (Bindal) against her brothers Dinesh Goyal and others, claiming 1/5th share in a hou...

High Court

High Court of Karnataka Allows Defendant to File Properly Verified Written Statement in Commercial Suit — Order VI Rule 15-A CPC Compliance Essential for Leading Evidence. Defect in Verification is Curable; Defendant Permitted to Cure Defect Subject to Costs of Rs. 5,000.

22 Jul 2024

The petitioner, Mr. N. Babu Reddy, was the defendant in Commercial O.S. No. 104/2022 before the XI Additional District Judge (Dedicated Commercial Cou...

High Court

High Court of Karnataka Allows Writ Petition Under Article 227 Against Rejection of Application Under Section 151 CPC for Appointment of Commissioner in Suit for Specific Performance. Inherent Powers Under Section 151 CPC Can Be Invoked for Appointment of Commissioner to Ascertain Physical Features of Property, Even if Not Covered Under Order 26 Rule 9 CPC.

1 Jul 2022

The petitioners, who are defendants in a suit for specific performance of contract (O.S. No. 445/2011) pending before the Principal Senior Civil Judge...

Supreme Court

Supreme Court Dismisses Special Leave Petition Challenging High Court's Setting Aside of Ex Parte Decree in Specific Performance Suit. High Court's Intervention Under Article 227 Upheld as Ex Parte Decree Was Nullity Due to Non-Appointment of Guardian for Minor Defendant Under Order XXXII Rule 3 CPC, Despite Defendants' Negligence and Delay.

16 Jul 2021

The dispute originated from a suit for specific performance of a sale agreement, where the plaintiffs obtained an ex parte decree against the defendan...

High Court

High Court of Karnataka Dismisses Petition for Correction of Decree After 17 Years — Amendment Sought to Change Survey Number in Judgment and Decree Rejected as Barred by Res Judicata and Lack of Jurisdiction Under Section 152 CPC. The court held that the correction of a clerical error under Section 152 CPC cannot be used to alter the subject matter of a suit that has been finally adjudicated.

6 Sep 2018

The petitioner, Parashuram, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 30.08.2016 passed by the ...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Set Aside Ex-Parte Decree in Partition Suit — Held That Order Refusing to Set Aside Ex-Parte Decree Is Not Appealable Under Order XLIII Rule 1(d) CPC and Writ Jurisdiction Under Article 227 Cannot Be Invoked When Alternative Remedy of Revision Under Section 115 CPC Is Available.

3 Apr 2013

The petitioners, Nagananda and K.R. Hanumantha Raju, filed a writ petition under Article 227 of the Constitution of India challenging the order dated ...

High Court

Bombay High Court Allows Amendment of Written Statement to Cure Signature and Verification Defect — Procedural Rules Subserve Justice. Defect in signature and verification of written statement by some defendants can be cured at appellate stage under Order 6 Rule 17 CPC as no prejudice caused.

23 Nov 2011

The petitioners, original plaintiffs in Special Civil Suit No.294 of 2002, filed a suit for specific performance of contract against the respondents. ...

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