Search Results for "CPC Amendment Act 2002"

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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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Bombay High Court Allows Second Appeal in Specific Performance Execution Dispute — Maintainability of Appeal Under Section 47 CPC Clarified. Court holds that an order rejecting objection under Section 47 CPC is a decree appealable under Section 96 CPC, not revisable under Section 115 CPC.

The present second appeal is filed by the appellant, original plaintiff, aggrieved by the judgment and decree passed by the learned District Judge-9 a...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Prior Sale as Valid Despite Unregistered Deed. Subsequent Purchaser's Deed Declared Void Ab Initio Due to Notice of Earlier Sale Under Transfer of Property Act, 1882.

The dispute pertains to a portion of land admeasuring 1.70 hectares out of Survey No.13/1 of village Shelavli, Palghar. The plaintiffs (Respondent Nos...

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High Court of Karnataka Dismisses Appellants' Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Agreement of Sale Dated 21.4.2002 Proved by Plaintiff; Defendant's Legal Representatives Failed to Show Perversity in Lower Courts' Findings.

The appellants, legal representatives of the original defendant in O.S. No. 216/2005, challenged the judgment and decree dated 18.7.2013 passed in R.A...

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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 Dismisses Section 34 Petitions Challenging Arbitral Awards in Development Agreement Dispute. Court upholds arbitrator's findings on breach of contract and quantum of damages, rejecting grounds of patent illegality and public policy.

The petitioners, Pradyuman Kumar Sharma and Kuber Planters Limited, filed four arbitration petitions under Section 34 of the Arbitration and Conciliat...

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Bombay High Court Dismisses Application to Set Aside Ex-Parte Order in Property Dispute Due to Limitation. Delay of Over 3 Years in Challenging Ex-Parte Decree Under Order 9 Rule 13 CPC Held Not Sufficiently Explained.

The case involves a Chamber Summons filed by the Plaintiff/Applicant, Smt. Gopi, widow of Tarachand R. Advani, seeking to set aside an ex-parte order ...