Search Results for "Article 227 CPC"

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Supreme Court Allows Appellant in Civil Appeal Against High Court's Interference Under Article 227 Constitution of India - High Court's order setting aside trial court's decision to set aside ex parte decree was quashed as unjustified interference in discretionary order under Order IX Rule 13 CPC.

The dispute arose from a civil suit for recovery of money filed by the respondent against the appellant. The appellant contested the suit, but during ...

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Bombay High Court Dismisses Writ Petitions Challenging Coastal Zone Violation Orders Due to Alternative Remedy Under NGT Act. Petitioners failed to establish pre-1991 construction and could not bypass statutory appeal under Section 22 of the National Green Tribunal Act, 2010.

The judgment concerns two writ petitions filed by Prasad Naik and Rosalina de Souza against orders of the Goa Coastal Zone Management Authority (GCZMA...

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High Court of Karnataka Dismisses Petition Challenging Refusal to Set Aside Ex-Parte Decree in Suit for Permanent Injunction — Held That Trial Court's Discretionary Order Did Not Suffer from Jurisdictional Error or Perversity.

The petitioners, who were defendants in a suit for permanent injunction filed by the respondent-company, challenged the order of the trial court dated...

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Bombay High Court Dismisses Husband's Petition to Stay Nullity Proceedings in Family Court — Stay of Civil Proceedings Not Automatic Despite Pending Criminal Case. The court held that mere embarrassment is not sufficient to stay civil proceedings; the petitioner must show serious prejudice.

The petitioner-husband filed a writ petition challenging the order of the Family Court, Pune dated 4 June 2016, which rejected his application under S...

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Bombay High Court Dismisses Petition Challenging Rejection of Plaint in Partition Suit — Court Holds That Rejection of Plaint Under Order 7 Rule 11 CPC Is Not a Decree and Therefore Not Appealable Under Section 96 CPC, but a Revision Lies Under Section 115 CPC.

The petitioners, original defendants in a suit for partition and permanent injunction, challenged the order of the Civil Judge Senior Division, Ahmedn...

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Bombay High Court Dismisses Revision in Specific Performance Suit — Res Judicata Not Applicable to Lok Adalat Award. Court holds that a compromise decree passed by Lok Adalat does not bar a subsequent suit for specific performance of the same agreement.

The revision application was filed by the petitioner (Ajitpalsingh Khalsa) against the order dated 21/11/2015 passed by the Jt. Civil Judge (SD) Amrav...