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High Court of Karnataka Allows Appeal in Specific Performance Suit — Plaint Rejection Set Aside for Non-Compliance with Order VII Rule 11 CPC. The court held that only plaint averments are relevant for rejection and limitation is a mixed question of fact.

The appellant, as plaintiff, filed a suit for specific performance of an agreement of sale dated 26.11.1984 executed by A. Gundappa in respect of four...

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High Court of Karnataka Allows Partition Appeal, Remands Suit for Fresh Consideration on Issue of Joint Family Property. The trial court's decree was set aside due to improper appreciation of evidence and failure to frame proper issues regarding the nature of the suit properties.

The appeal arises from a judgment and decree dated 30.11.2006 passed by the Principal Civil Judge (Sr.Dn.), Dharwad, in O.S.No.242/2003, decreeing the...

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High Court of Karnataka Dismisses Appeal by Industrial Development Board in Suit for Declaration and Injunction — Board's Failure to Prove Title and Possession Leads to Dismissal of Appeal.

The appeal was filed by the Karnataka Industrial Areas Development Board (KIADB) and its officers against the judgment and decree dated 12.12.2012 pas...

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High Court of Karnataka Dismisses Appeal Against Preliminary Decree in Partition Suit — Appellant Fails to Appear or Argue. Court upholds trial court's finding that plaintiff and defendant Nos.2-4 are entitled to 1/4th share each in joint family properties under Hindu Succession Act, 1956.

The appellant, a defendant in a partition suit, filed a Regular First Appeal under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure...