Search Results for "civil suit dismissal"

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Search Results for "civil suit dismissal"

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High Court

Bombay High Court Dismisses Appeal Against Dismissal of Suit Challenging MCGM Notice Under Section 354A of MMC Act — Suit Held Not Maintainable Due to Bar of Section 527 of MMC Act and Availability of Alternative Remedy Under Section 354A(3). The court held that the civil court's jurisdiction is barred when a statute provides a complete mechanism for redressal.

9 Oct 2013

The appellant, M/s. Akash Impex, a registered partnership firm, acquired suit property Gala No.24/25, CTS No. 240-C at Khetani Industrial Estate, Kurl...

High Court

High Court of Bombay at Nagpur Dismisses Second Appeal in Property Dispute Involving Nominal Sale Deed and Bank's Securitization Proceedings. Civil Court's jurisdiction barred under Section 34 of SARFAESI Act, 2002 for challenging bank's attachment notice under Section 13(2).

24 Apr 2014

The appellants, Smt. Savita Bhagwantrao Patil and Chaitanya Bhagwantrao Patil, were the original plaintiffs in a suit filed before the 6th Joint Civil...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex Parte Decree in Money Suit — Service of Summons Valid Under Order 9 Rule 13 CPC. The court held that the defendant had knowledge of the suit and failed to show sufficient cause for non-appearance, upholding the ex parte decree.

14 Nov 2017

The appellant, M/s. CliniRX Research Pvt. Ltd., was the original defendant in a money suit filed by the respondent, Bicare Limited, for recovery of mo...

High Court

Bombay High Court Allows Second Appeal in Partition Suit — Dismissal in Default Under Order 9 Rule 9 CPC Does Not Bar Subsequent Suit for Partition. The bar under Order 9 Rule 9 CPC applies only when the earlier suit was dismissed in default and the subsequent suit is on the same cause of action; a suit for partition is a continuing cause of action and hence not barred.

16 Jun 2017

The case involves a second appeal filed by the original plaintiffs (appellants) against the dismissal of their suit for partition and separate possess...

High Court

High Court of Karnataka Disposes Regular First Appeal Against Dismissal of Suit for Permanent Injunction and Order for Possession. Dispute centered on legality of employee's occupation of residential premises provided by employer after resignation.

30 Sep 2024

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High Court

Gujarat High Court Dismisses Petition Challenging Condonation of Delay in Setting Aside Dismissal of Suit for Default. Appellate Court's Order Condoning Delay Upheld as Sufficient Cause Shown for Non-Appearance Due to Lack of Knowledge of Transfer of Suit Under Order IX Rule 8 CPC and Section 5 of Limitation Act.

2 Feb 2026

The petitioners, original plaintiffs in Regular Civil Suit No. 227 of 2016, filed a suit which was initially before the Pavi Jetpur Court, then transf...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Case Upholding Rejection of Plaint Under Order 7 Rule 11 CPC. The Court Held That Res Judicata Cannot Be Determined in an Order 7 Rule 11 Application as It Requires Examination of Previous Suit Records Beyond Plaint Averments Under the Code of Civil Procedure, 1908.

9 Aug 2021

The appeal arose from a judgment of the High Court of Karnataka dismissing a revision petition against an order of the Trial Court that rejected an ap...

High Court

High Court of Karnataka Allows Civil Revision Petition in Suit Dismissal Dispute — Rejects Trial Court's Refusal to Permit Withdrawal of Suit as Not Pressed. Plaintiff's right to withdraw suit under Order XXIII Rule 1 CPC upheld; mere filing of written statement or framing of issues does not bar withdrawal.

30 Jul 2025

The plaintiff, since deceased represented by her legal representatives, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedu...

High Court

Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

18 Oct 2013

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

High Court

Bombay High Court Dismisses Revision Application Challenging Restoration of Suit in Property Dispute — Plaint Not Barred by Res Judicata or Specific Relief Act. New Cause of Action Arising from Assignment of Lease Justifies Fresh Declaratory Suit Under Order 7 Rule 11 CPC.

17 Oct 2024

The case involves a long-standing property dispute over a plot of land in Naigaon, Dadar, Mumbai. The original lessee, Goswami Maharaj, granted a 999-...

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