Search Results for "contradictory pleas"

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High Court

Gujarat High Court Examines Whether Appeal is Barred by Res Judicata and Abatement in Suit for Specific Performance; Court Notes that Plaintiffs Did Not Appeal Decree in Companion Suit and Failed to Bring All Legal Heirs On Record.

20 Mar 2026

The appeal arises from the judgment and decree dated 18.03.2000 passed by the trial court in Special Civil Suit No. 176 of 1991 and Regular Civil Suit...

High Court

Madras High Court Allows Additional Written Statement in Civil Suit — Liberal Approach to Amendment Under Order VIII Rule 9 CPC. Court holds that additional written statement can be permitted even after issues are framed if it does not cause prejudice to the plaintiff and is necessary for just adjudication.

6 Jan 2026

The case arises from a civil revision petition filed by the defendant against the dismissal of his application for leave to file an additional written...

High Court

Bombay High Court Allows Eviction Suit Against MSEB in Rent Control Dispute — State Government Not the Tenant. The court held that MSEB was the tenant and the suit was maintainable, setting aside the concurrent decrees of the lower courts.

17 Dec 2024

The petitioner, The Hong Kong & Shanghai Banking Corporation Limited (HSBC), filed a writ petition challenging the concurrent judgments of the Small C...

Supreme Court

Supreme Court Dismisses Appeal in Civil Procedure Amendment Case Regarding Mortgage Redemption Suit. The court upheld the lower courts' orders allowing amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, holding that issues of limitation and res judicata should be decided at trial, not at the amendment stage.

14 Mar 2023

The dispute originated from a property in Ballia, where the plaintiffs claimed ownership of a shop and filed Suit No. 154 of 2009 for possession upon ...

High Court

Bombay High Court Dismisses Civil Revision Applications Challenging Order to Remove Encroachments from Suit Property in Partition Suit. Court Upholds Trial Court's Discretion Under Order 39 Rule 1 and 2 CPC to Direct Removal of Encroachments During Pendency of Suit to Preserve Subject Matter of Suit.

3 Mar 2023

The case involves two Civil Revision Applications filed by the applicants (original defendants) challenging an order dated 30/04/2019 passed by the Ci...

High Court

Bombay High Court Allows Amendment of Plaint and Grants Temporary Injunction in Property Dispute — Concurrent Orders of Courts Below Set Aside. Amendment Sought to Correct Description of Suit Property Held to Be Necessary for Effective Adjudication, and Prima Facie Case, Balance of Convenience, and Irreparable Injury Found in Favour of Plaintiff.

22 Jul 2021

The petitioner, M/s. Vaishnavi Sai Shri Mahalaxmi Jagdamba Shikshan Sanstha, filed two writ petitions challenging concurrent orders of the Small Cause...

High Court

Bombay High Court Dismisses Society's Challenge to Amendment of Written Statement in Eviction Appeal, Partly Allows Assignee's Challenge to Interim Compensation Order. The court held that amendment of written statement to incorporate subsequent events is permissible under Order VI Rule 17 CPC, and that interim compensation under Section 11(3) of the Maharashtra Rent Control Act, 1999 can be directed pending appeal.

27 Sep 2019

The judgment concerns two writ petitions arising from eviction proceedings between Omkar Co-operative Housing Society Ltd. (the Society) and Kishore K...

High Court

Bombay High Court Dismisses Second Appeal in Possession Suit — Licensee Cannot Claim Ownership After Gratuitous Entry. Court upholds decree for possession based on valid termination of license under Section 62 of the Indian Easements Act, 1882, rejecting inconsistent defences of ownership and adverse possession.

12 Apr 2019

The case involves a dispute over possession of a house in Mahabaleshwar. The plaintiff, a member of a low-income housing society, constructed the suit...

High Court

Bombay High Court Allows Husband to Amend Written Statement Based on Foreign Divorce Decree and Permits Withdrawal of Consent to Mutual Divorce. The Court held that amendment under Order 6 Rule 17 CPC is necessary for just adjudication and that consent under Section 13B of Hindu Marriage Act can be withdrawn unilaterally before decree.

22 Jan 2018

The petitioner-husband, Vishal Nitinkumar Kondhia, and the respondent-wife, Jahnvi Vishal Kondhia, were parties to matrimonial proceedings before the ...

High Court

Bombay High Court Dismisses Application for Withdrawal of Suit by Legal Representatives in Property Dispute — Held That Executors of Deceased Plaintiff's Will Are Necessary Parties and Suit Cannot Be Withdrawn Without Their Consent

30 Nov -0001

The case involves a Notice of Motion filed by H.H. Jyotiraditya Madhavrao Scindia and Smt. Madhavi Raje Madhavrao Scindia, who are legal representativ...

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