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Search Results for "order vii rule 11"

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High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Suit Challenging Tahsildar's Order for Approach Road. Suit for Perpetual Injunction Not Barred Despite Exhaustion of Appeal Remedy Under Section 143(3) of Maharashtra Land Revenue Code, 1966.

27 Sep 2024

The case arises from a dispute over an approach road granted by the Nayab Tahsildar, Latur, under Section 143 of the Maharashtra Land Revenue Code, 19...

High Court

Bombay High Court Dismisses Revision Application in Easementary Right of Way Dispute Involving Waqf Property. Civil Court Retains Jurisdiction Over Declaration of Easementary Rights as Dispute Does Not Relate to Waqf Property or Rights Therein.

25 Oct 2024

The case involves a Civil Revision Application filed by the Kausa Jama Masjid Trust (Defendant-Trust) challenging an order of the Trial Court rejectin...

High Court

High Court of Karnataka Quashes Trial Court Orders for Lack of Jurisdiction — Orders Passed Without Deciding Application for Rejection of Plaint Under Order VII Rule 11 CPC Are Illegal. Trial Court Must First Decide Preliminary Issue of Jurisdiction Before Proceeding with Interim Applications.

12 Dec 2017

The petitioners filed writ petitions under Article 227 of the Constitution of India challenging orders dated 13.04.2017 and 17.07.2017 passed by the X...

High Court

High Court of Karnataka Dismisses Revision Petition in Property Dispute — Rejection of Plaint Application Under Order VII Rule 11 CPC Upheld. Court holds that the plaint discloses a cause of action and the suit is not barred by limitation, as the plaintiffs claimed possession based on their father's death prior to the Hindu Succession Act, 1956.

9 Dec 2016

The petitioners (defendants in the trial court) filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) challengi...

High Court

Bombay High Court Dismisses Revision Against Rejection of Order VII Rule 11 CPC Application in HUF Partition Suit — Suit Not Barred by Limitation as Cause of Action Arose on Alienation by Coparcener.

9 Jul 2024

The present Civil Revision Application was filed by Defendant No.6, a third-party purchaser, challenging the rejection of his application under Order ...

High Court

Bombay High Court Allows Petition Against Rejection of Order VII Rule 11 Application in Counter-Claim for Possession Based on Leave and License Agreement. The court held that the civil court lacks jurisdiction to entertain a counter-claim based on a leave and license agreement due to the bar under Section 47 of the Maharashtra Rent Control Act, 1999, and that valuation and court fees must be determined based on the relief claimed.

11 Nov 2024

The petitioner, original plaintiff, filed a suit for specific performance of contract against the respondent. The respondent filed a written statement...

High Court

Bombay High Court Rejects Plaint in Copyright Infringement Suit for Non-Compliance with Mandatory Pre-Institution Mediation Under Section 12-A of Commercial Courts Act, 2015. Plaintiff's 11-Month Delay and Lack of Genuine Urgency Leads to Relegation to Mediation.

6 Sep 2024

The plaintiff, Ultra Media and Entertainment Pvt. Ltd., filed a commercial suit alleging copyright infringement of the character 'Shaktimaan' by the d...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Specific Performance Suit. Court holds that the question of privity of contract is a matter of trial and cannot be decided at the stage of Order VII Rule 11 CPC.

22 Jun 2017

The petitioners, original defendant nos.5 to 8, filed a Civil Revision Application challenging the order dated 16/09/2016 passed by the Civil Judge (S...

High Court

High Court of Karnataka Dismisses Appeal in Trust Property Ejectment Suit — Plaint Rejected for Lack of Authorization and Proper Court Fee. The court held that the suit filed by a trust through its working chairman was not maintainable as the plaint was not signed and verified by a duly authorized person, and the court fee paid was insufficient.

9 Mar 2015

The appellant, Sri Shivabalayogi Maharaja Trust, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgm...

High Court

Karnataka High Court Allows Appeal Against Rejection of Plaint in Partition Suit — Suit Not Barred by Limitation or Res Judicata. Order VII Rule 11 CPC Application Dismissed as Plaint Discloses Cause of Action and Is Not Time-Barred.

6 Mar 2015

The appellants, three sisters, filed a suit for partition and separate possession of the suit property claiming to be co-owners along with their broth...

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