Search Results for "Constructive possession"

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High Court of Karnataka at Dharwad Allows Writ Petition, Setting Aside Trial Court's Order on Court Fee in Partition Suit. Plaintiff Entitled to Fixed Court Fee Under Section 35(2) as Joint Possession Presumed Unless Ouster Proved.

The High Court of Karnataka at Dharwad, by its single judge, entertained a writ petition under Articles 226 and 227 of the Constitution of India filed...

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High Court of Karnataka Passes Order in Writ Petition on Police Assistance for Injunction Implementation — Trial Court's Direction Under Section 151 CPC Challenged for Res Judicata and Possession Violations

The writ petition arose from a civil suit (O.S. No. 1708/2024) filed by the respondent-plaintiff against the petitioners-defendants seeking a declarat...

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Bombay High Court at Goa Upholds Reference to Mamlatdar for Tenancy Determination in Land Dispute. The court held that the Civil Court lacks jurisdiction to decide tenancy issues and must refer them to the Mamlatdar under Section 58 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964.

The petitioners filed a writ petition challenging an order dated 18/02/2000 passed in Special Civil Suit No.108/1979, whereby the learned Judge ordere...

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Bombay High Court Allows Amendment in Suit for Specific Performance After Trial Commenced — Amendment Sought After Cross-Examination of Plaintiff's Witness Held Not Barred by Proviso to Order VI Rule 17 CPC as Trial Had Not Concluded and Amendment Was Necessary for Determining Real Controversy

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...