Search Results for "declaration of title"

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Search Results for "declaration of title"

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High Court

Bombay High Court Allows Second Appeal in Property Dispute, Sets Aside Concurrent Findings for Reconsideration — Sale Deeds by Adopted Son Not Binding on Co-Owner's Share. The court held that the lower appellate court failed to consider material evidence, rendering the concurrent findings perverse, and remanded the matter for fresh adjudication.

7 Apr 2022

The case involves a property dispute where the appellants (original defendants No.2 to 4) purchased suit property from respondent No.2 (adopted son of...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for declaration and possession dismissed as plaintiff failed to prove title and possession.

14 Aug 2014

The case involves a property dispute between Mahaboob Bi (appellant) and the legal representatives of Sharfunnisa (respondents). The appellant filed a...

High Court

High Court of Karnataka Upholds Remand Order in Declaration Suit — Remand Proper as Trial Court Failed to Frame Necessary Issues and Consider Evidence. Order 41 Rule 23 CPC Allows Remand When Lower Court's Judgment is Unsustainable Due to Procedural Irregularities.

25 Jun 2014

The case involves a suit for declaration of title and injunction filed by the plaintiff (respondent No.1) against the Town Municipality, Ramdurg, and ...

High Court

High Court of Karnataka Allows Appeal in Trust Property Dispute — Declares Title and Possession in Favor of Religious Math. Suit for declaration and possession of trust property decreed as plaintiff Math proved ownership and defendant failed to establish adverse possession.

17 Jun 2014

The appeal arises from a suit filed by the plaintiffs, a public religious trust (Math) and its trustee, seeking declaration of title and possession of...

High Court

High Court of Karnataka Allows Appeal Against Remand Order in Property Injunction Suit — Limitation Issue Must Be Decided as Preliminary Issue Before Remand. The lower appellate court's order of remand was set aside as it failed to adjudicate the preliminary issue of limitation under Order 14 Rule 2 CPC, which is a jurisdictional prerequisite.

11 Jun 2014

The appellant, Siddarai Basavant Padagal, filed a suit for permanent injunction in O.S.No.1148/2008 before the IV Additional Civil Judge & JMFC, Belga...

High Court

High Court of Karnataka Allows Writ Petition to Frame Additional Issues in Suit for Declaration and Possession — Order 14 Rule 5 CPC Requires Issues on All Material Facts Including Adoption and Will

25 Mar 2014

The petitioner, Sri Armugam, filed a suit for declaration of ownership and recovery of possession in respect of suit property, claiming to be the succ...

High Court

High Court of Karnataka Dismisses Appeal in Declaration Suit — Appellants Fail to Prove Title Over Government Land. Suit for Declaration and Injunction Dismissed as Plaintiffs Could Not Establish Ownership Over Property Claimed by State.

13 Feb 2014

The appellants, legal representatives of the original plaintiff Sri Jayarama Reddy, filed a Regular First Appeal under Section 96 of the Code of Civil...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial and first appellate court decrees regarding declaration of title and injunction, finding no substantial question of law under Section 100 CPC.

30 Jan 2014

The case is a Regular Second Appeal (RSA No.1858/2012) filed by the appellants (plaintiffs in the original suit) against the respondents (defendants) ...

High Court

Karnataka High Court Allows Appeal in Property Declaration Suit — Finds Trial Court Erred in Decreeing Suit Without Proper Consideration of Evidence. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession.

29 Aug 2013

The appeal arises from a judgment and decree dated 16.01.2006 passed by the Civil Judge (Sr.Dn.), Doddaballapur, in OS No.275/2002 (old No.76/2001), d...

High Court

High Court of Karnataka Allows Revision Petition in Wakf Property Dispute — Plaintiff's Suit for Declaration of Ownership Not Barred by Wakf Act. The court held that the bar under Section 85 of the Wakf Act, 1995, does not apply when the plaintiff denies the property is Wakf and claims independent title, and the civil court has jurisdiction to decide such disputes.

5 Jan 2012

The petitioner, Md. Abrar Khan, through his natural father Md. Arif Khan, filed a civil suit (O.S. No. 6/2005) before the Karnataka Wakf Tribunal, Gul...

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