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Search Results for "FDP proceedings"

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High Court

High Court of Karnataka Allows Appeal in Property Injunction Case — Trial Court Erred in Dismissing Injunction Applications Without Considering Prima Facie Case and Balance of Convenience. Order 39 Rule 1 and 2 CPC — Court Held That Plaintiff's Possession and Title Must Be Protected Pending Suit.

19 Jan 2024

The appellant, Smt. Jagadishwari, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC) against the o...

High Court

KAHC010525052012_1

23 Aug 2021

The litigation originated from a suit for partition and declaration filed by the plaintiff, D. Sujatha, against the legal representatives of the origi...

High Court

High Court of Karnataka Dismisses Revision Petition in Partition Suit — Upholds Trial Court Order Refusing to Reopen Evidence. Court holds that Order 18 Rule 17 CPC cannot be used to fill gaps in evidence or to allow a party to adduce additional evidence after closure of evidence.

24 Feb 2020

The petitioners, who are defendants in a partition suit, filed a revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) challe...

High Court

High Court of Karnataka Allows Correction of Clerical Errors in Decree Under Sections 152 and 153 CPC — Petition to Quash Rejection of Application for Amendment in Final Decree Proceedings Allowed. The court held that the trial court has inherent power to correct clerical mistakes at any time and set aside the rejection order.

5 Jul 2019

The petitioners, who were plaintiffs in O.S.No.129/1994, filed an application under Sections 152 and 153 of the Code of Civil Procedure, 1908 (CPC) in...

High Court

High Court of Karnataka Quashes Commission Order in Final Decree Proceedings Due to Non-Compliance with Order 26 Rule 9 CPC. Suo Motu Issuance of Commission Without Application or Notice Held Invalid.

14 Jun 2019

The petitioners, legal representatives of the original plaintiff, challenged an order dated 25.06.2018 passed by the Principal Senior Civil Judge, Chi...

High Court

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.

14 Jun 2019

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

High Court

High Court of Karnataka Quashes Appointment of Taluka Surveyor as Court Commissioner in Partition Suit — Violation of Order XX Rule 18 CPC. Court Commissioner Must Be an Advocate or Disinterested Person, Not a Government Official, to Ensure Impartiality and Avoid Conflict of Interest.

27 Nov 2015

The petitioner, Lagama Beerasidda Pujeri, challenged an order dated 6.2.2015 passed by the Principal Civil Judge & JMFC, Raibag, in FDP No.3/2012, whe...

High Court

High Court of Karnataka Allows Petition to Implead Daughter in Final Decree Proceedings Under Order 1 Rule 10(2) CPC — Amendment to Section 6 of Hindu Succession Act, 1956 Confers Coparcenary Rights on Daughters Born Before 2005

28 Jul 2015

The petitioner, Smt. Honamma, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 4.6.2014 passed...

High Court

High Court of Karnataka Dismisses Revision Petition in Suit for Declaration of Ownership — Rejection of Plaint Application Under Order VII Rule 11 CPC Properly Refused as Plaint Discloses Cause of Action. The trial court's refusal to reject the plaint was upheld because the plaint disclosed a cause of action and issues of limitation and valuation were mixed questions of fact and law.

4 Jun 2015

The petitioners, who were the defendants in the trial court, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (C...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Set Aside Ex-Parte Decree in Partition Suit — Held That Order Refusing to Set Aside Ex-Parte Decree Is Not Appealable Under Order XLIII Rule 1(d) CPC and Writ Jurisdiction Under Article 227 Cannot Be Invoked When Alternative Remedy of Revision Under Section 115 CPC Is Available.

3 Apr 2013

The petitioners, Nagananda and K.R. Hanumantha Raju, filed a writ petition under Article 227 of the Constitution of India challenging the order dated ...

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