Search Results for "Article 227 CPC"

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High Court of Karnataka Quashes Trial Court Order Reopening Evidence in Possession Suit — Reopening of Evidence After Judgment Reserved Not Permissible Under Order 18 Rule 17 CPC Without Justifiable Cause.

The petitioners, Siddappa and Lokanna, filed a suit for possession against the respondent in O.S.No.154/2016 before the Principal Civil Judge and JMFC...

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Supreme Court Allows Decree-Holders' Appeals Against Executing Court's Interim Stay Order in Execution Proceedings. Held That Executing Court Cannot Stay Execution Beyond Order XXI Rule 29 CPC and Must Follow Procedure Under Order XXI Rule 37 CPC Before Arrest.

The case involves appeals by the decree-holders (appellants) against an interim order dated 29th June 2018 passed by the Principal Sub-Judge, Kottayam...

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Bombay High Court Allows Common Cross-Examination in Eviction Suits to Prevent Prejudice to Tenants. Trial Court's Order Dismissing Application for Common Cross-Examination Set Aside Under Article 227 of Constitution of India.

The petitioners, tenants in four eviction suits filed by the respondent landlord society, sought common cross-examination of the society's sole witnes...

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High Court of Karnataka Quashes Commission Order in Final Decree Proceedings Due to Lack of Jurisdiction and Non-Compliance with CPC Requirements. The court held that the trial court must first determine the mode of partition before issuing a commission under Order 26 Rule 9 CPC.

The petitioners, legal representatives of the original plaintiff Y.R. Lakshminarasimhaiah, filed a writ petition under Article 227 of the Constitution...

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High Court of Karnataka Allows Condonation of Delay in Filing Written Statement — Petitioner's Right to Defend Not to Be Defeated by Technicalities. Delay of 312 days condoned as sufficient cause shown and no prejudice caused to respondents.

The petitioner, a retired judge, was a defendant in O.S. No. 171/2014 pending before the Senior Civil Judge and CJM, Mangaluru. The suit was filed by ...

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Bombay High Court Allows Landlord's Appeal Against Review Order Permitting Tenant to Amend Written Statement in Rent Suit. Amendment Sought After Trial Decree and After Rejection of Earlier Amendment Application, Not Allowed as It Would Circumvent Finality of Decree.

The case arises from a suit for eviction filed by the landlord (appellants) against the tenant (respondents) for default in payment of rent from April...