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High Court of Karnataka Allows Appeal in Injunction Dispute Over Possession of Properties — Sets Aside Trial Court Order for Non-Compliance with Order XXXIX Rule 3 CPC. Failure to Record Reasons for Dispensing with Notice Renders Ex Parte Injunction Void.

The appellant, Mr. Srinivas Adhikeshavulu Dalvai, was the defendant in a suit filed by M/s Anushka Constructions Pvt Ltd (the respondent/plaintiff) in...

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Bombay High Court Considers Second Appeal Against Dismissal of Partition Suit Based on Family Settlement and Partial Partition Agreement. Key Issue Involves Interpretation and Validity of Family Arrangement Documents Dated 2 February 1957 and 16 December 1974 and Limitation for Seeking Partition.

The second appeal before the High Court of Judicature at Bombay arose from a suit for partition and separate possession of joint family properties. Th...

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Bombay High Court Dismisses Writ Petition Challenging Termination of Developer Appointment in Slum Rehabilitation Scheme. Petitioner's failure to obtain 70% slum dweller consent and submit documents within stipulated time justified termination under Section 13(2) of Maharashtra Slum Areas Act, 1971.

The petitioner, Surjit Singh Arora, sole proprietor of M/s. Sukhamani Construction, was appointed as developer for a slum rehabilitation scheme under ...

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Karnataka High Court Hears Appeal Against Trial Court Decree for Declaration and Possession of Party Premises; Issues of Maintainability of Representative Suit and Effect of Election Commission Recognition on Property Rights Considered

The dispute concerns premises No.3, Race Course Road, Bangalore, claimed by the Indian National Congress through its Karnataka Pradesh Congress Commit...

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Bombay High Court Rules on Admissibility of Documents in Suit for Partition and Declaration of Rights. Documents not proved in accordance with Indian Evidence Act, 1872 cannot be admitted in evidence unless original is produced or foundation for secondary evidence is laid.

The suit was placed before the court for considering the admissibility of documents referred to and relied upon by defendant nos.3 and 4 in their comp...

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High Court of Karnataka Quashes Trial Court Order Allowing Amendment of Plaint After 17 Years for Lack of Due Diligence. Amendment Sought to Introduce New Facts After Commencement of Trial Held Barred Under Order VI Rule 17 CPC.

The petitioners, who are defendants in O.S. No. 8816/2003 pending before the XI Additional City Civil Judge, Bangalore, filed this writ petition under...