Search Results for "Order XXIII"

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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...
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Search Results for "Order XXIII"

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High Court

High Court of Karnataka Dismisses Petition Challenging Compromise Decree in Partition Suit — Petitioners Failed to Prove Fraud or Misrepresentation. Challenge to Compromise Decree Under Order XXII Rule 3 CPC Dismissed as Not Maintainable and Time-Barred.

19 Dec 2025

The petitioners, Sri Shivarudrappa and Sri S. Somashekar, were defendants No.1 and 3 in O.S.No.24/2011, a suit for partition filed by the respondent, ...

High Court

High Court of Karnataka Allows Appeals Against Dismissal of Attachment Applications in Suit for Specific Performance — Prima Facie Case and Risk of Alienation Established. The court held that the appellants had made out a strong prima facie case for specific performance and that the respondents were attempting to alienate the property, warranting attachment before judgment under Order 38 Rules 1 and 2 CPC.

25 Jun 2025

The appellants, legal heirs of the original plaintiff, filed a suit for specific performance of an agreement of sale dated 05.12.2011 executed by the ...

Supreme Court

Supreme Court Allows Appeal in Motor Vehicle Theft Insurance Claim — Negligence Not a Valid Ground for Repudiation. Theft of vehicle due to driver leaving keys in ignition does not amount to breach of policy conditions; insurer directed to pay 75% of sum assured on non-standard basis.

20 Jul 2023

The appellant, Ashok Kumar, was the owner of a truck (dumper) bearing registration No. HR-55C-5385, insured with New India Assurance Co. Ltd. for an I...

High Court

High Court of Karnataka Dismisses Writ Petitions Challenging Trial Court Order on Impleading Parties in Suit for Partition and Injunction — Upholds Order Allowing Impleading of Subsequent Purchasers as Necessary Parties Under Order 1 Rule 10 CPC.

29 Jun 2022

The petitioner, H.P. Subbareddy, filed a suit for partition and permanent injunction in respect of certain immovable properties. During the pendency o...

Supreme Court

Supreme Court Dismisses Appeal in Land Acquisition Case Regarding Lok Adalat Award as Basis for Compensation Redetermination. Court Held That Lok Adalat Award Under Legal Services Authorities Act, 1987 Does Not Qualify as Determination by 'Court' Under Section 28A of Land Acquisition Act, 1894, as It Is Based on Compromise and Lacks Adjudicatory Function.

3 Feb 2022

The Supreme Court addressed a batch of appeals concerning the interpretation of Section 28A of the Land Acquisition Act, 1894, in relation to Awards p...

High Court

High Court of Karnataka Sets Aside Order Dismissing Compromise Petition in Civil Suit — Emphasizes Liberal Approach to Compromise Under Order XXIII Rule 3 CPC. The court held that a compromise petition should be liberally construed and the trial court's failure to examine the genuineness of the compromise warranted interference under Article 227.

8 Jul 2019

The petitioner, Shri K M Manjunath, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 05.01.2016 passed...

High Court

High Court of Karnataka Sets Aside Order Dismissing Compromise Petition in Partition Suit — Emphasizes Liberal Approach to Compromise Under Order XXIII Rule 3 CPC. Trial Court Failed to Examine Genuineness of Compromise and Consent of Parties, Leading to Remand for Fresh Consideration.

8 Jul 2019

The petitioner, Shri K M Manjunath, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 05.01.2016 passed...

High Court

Bombay High Court Quashes Caste Certificate Cancellation in Thakur Tribe Claim Case — Committee Failed to Consider Valid Documents and Conduct Proper Inquiry. The court set aside the Scrutiny Committee's order cancelling the petitioner's Thakur tribe certificate and remanded the matter for fresh consideration.

10 Oct 2018

The petitioner, Gajanan Vasudevrao Lade, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 06.06.2015 p...

High Court

High Court of Karnataka Allows Husband's Petition to Reject Wife's Suit Challenging Divorce Decree — Family Court's Order Set Aside for Lack of Jurisdiction Under Section 7 of Family Courts Act. The Family Court lacks jurisdiction to entertain a suit for declaration that its own decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, is null and void; the proper remedy is appeal.

17 Nov 2014

The petitioner, Chethan D.S., and the respondent, Manjushree N.T., were married on 5 September 2010. Differences arose, and they separated after about...

High Court

Bombay High Court Allows Withdrawal of Suit Without Notice to Intervenors, Sets Aside Order for Costs. The court held that intervenors added as defendants have a right to be heard before withdrawal of suit under Order XXIII Rule 1 CPC, and remanded the matter for fresh hearing.

3 May 2005

The case involves a civil suit filed by respondent No.1 (original plaintiff) before the City Civil Court, being Long Cause Suit No.2830 of 2002, again...

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