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High Court of Karnataka Delivers Order on Writ Petition Challenging Compromise Decree and Execution Proceedings — Fraud and Non-Alienation Clause Under Section 61 of Karnataka Land Reforms Act, 1961 Considered

The petitioners, judgment debtors in a compromise decree, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to set...

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Bombay High Court Dismisses Judgment Debtor's Objection to Execution of Decree Based on Jurisdictional Challenge Under Section 39(4) CPC. Court Holds That Section 39(4) CPC Does Not Bar Execution by the Court That Passed the Decree When the Property Is Situated Outside Its Local Limits.

The present chamber summons arose out of a suit filed by ICICI Ltd, as Debenture Trustees, against Kothri Industrial Corporation Ltd and others for re...

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High Court of Karnataka Hears Second Appeal in Suit for Declaration and Injunction Involving Allegation of Fraudulent Sale by Forged Power of Attorney. The Appeal Challenges Reversal of Trial Court's Decree by First Appellate Court.

Background: This matter arises from a Regular Second Appeal filed by the plaintiff under Section 100 of the Code of Civil Procedure, 1908, challenging...

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High Court of Karnataka Allows Appeal in Property Dispute — Sale Deed by Husband Without Wife's Consent Declared Void. Gift Deed by Subsequent Transferee Also Set Aside as Property Was Coparcenary Asset and Sale Was Without Legal Necessity.

The case involves a Regular First Appeal filed by the plaintiff, Smt. Sharadamma, and her son B.S.Shivaprasad Aradya, against the judgment and decree ...

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High Court of Karnataka Dismisses Appeals in Property Declaration Suits — Concurrent Findings of Fact Not Interfered With. Appellants failed to prove title and possession; no substantial question of law arose under Section 100 CPC.

The judgment pertains to two Regular First Appeals (R.F.A.No.784/2013 and R.F.A.No.785/2013) filed under Section 96 read with Order 41 Rule 1 of the C...

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Supreme Court Dismisses Appeal in Property Dispute — Compromise Decree Without Registration Invalid Under Section 17 of Registration Act, 1908. Unregistered Decree Cannot Confer Title; Will Not Proved Under Section 68 of Evidence Act, 1872.

The case involves a property dispute over land originally owned by Bhajan Singh. Bhajan Singh had divorced his wife Gurmail Kaur in 1973, after which ...

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High Court of Kerala Considers Substitution of Decree Holder in Execution Proceedings Without Prior Permission from Transferor Court. Dispute Centered on Application of Section 146 CPC and Explanation to Order XXI Rule 16 After Death of Original Decree Holder in Math Succession Litigation.

The proceedings arose from a protracted dispute between a Guru and Shishya concerning the spiritual and temporal administration of Sree Kashi Matha Sa...