Search Results for "abatement"

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Supreme Court Dismisses Appeal as Abated Due to Non-Substitution of Legal Heirs of Deceased Appellant in Property Title Suit. Appeal Abates Entirely When Deceased Appellant's Interest is Inseparable from Co-Appellants, Rendering Inconsistent Decrees Impossible.

The Supreme Court dismissed the civil appeals filed by the defendants/appellants against the judgment of the High Court of Andhra Pradesh which had co...

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Gujarat High Court Allows Condonation of Delay in Substitution of Heirs in Civil Appeal. Delay of 1537 days condoned as sufficient cause shown for bringing legal representatives of deceased respondents on record in pending first appeal against decree under Order VII Rule 11 CPC.

The present application was filed by the applicants, Vikramsinh Kanjibhai and another, seeking condonation of delay of 1537 days in filing an applicat...

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High Court of Karnataka Dismisses PIL Challenging Constitutionality of Section 394(1) CrPC for Lack of Distinction Between Pre- and Post-Death Acquittal in NI Act Cases. The court held that the provision is not unconstitutional and the petition lacked merit.

The petitioner, G Varadaraju, an 89-year-old individual appearing in person, filed a writ petition under Articles 226 and 227 of the Constitution of I...

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Bombay High Court Dismisses Application for Condonation of Delay and Setting Aside Abatement in Second Appeal Due to Inordinate Delay and Lack of Sufficient Cause. Legal heirs failed to explain delay of over 5 years in seeking restoration of appeal after appellant's death.

The present litigation arises from a second appeal filed in 1994 which was disposed of as abated on 20.07.2012 due to the death of the sole appellant ...

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Bombay High Court Allows Second Appeal Against Abatement of Appeal Due to Procedural Lapses - Condonation of Delay Application Not Required for Setting Aside Abatement Under Order XXII Rule 9 CPC

The appellants, original plaintiffs in a suit for cancellation of sale deed and permanent injunction, filed Regular Civil Appeal No.160 of 2010 agains...

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Bombay High Court Allows Second Appeal Against Abatement of Appeal Due to Procedural Lapse in Bringing Legal Representatives on Record. The Appellate Court's rejection of substitution application without considering merits was held improper, and the matter was remanded for fresh consideration.

The appellants, original plaintiffs, filed a suit for cancellation of sale deed and permanent injunction, which was dismissed by the trial court. They...

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Bombay High Court Dismisses Application for Abatement and Condonation of Delay in Second Appeal — No Sufficient Cause Shown for 5-Year Delay in Filing Application After Dismissal of Appeal for Default.

The case involves a civil application filed by Smt. Radhabai Vithal Waikar (the applicant) seeking to quash an order dated 1st March 2006 passed by th...

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Bombay High Court at Goa Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The case involves a second appeal filed by the plaintiffs (appellants) against the judgment and decree of the District Judge, Pernem, Goa, which confi...