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High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial and first appellate court decrees regarding declaration of title and permanent injunction, finding no substantial question of law under Section 100 CPC.

The case pertains to a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree of the firs...

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High Court of Karnataka Allows Daughters' Partition Suit Against Alienation by Father — Sale Deed Set Aside as Not Binding on Coparcenary. Daughters are coparceners by birth under Section 6 of Hindu Succession Act, 1956, and alienation without legal necessity is invalid.

The appellants, three daughters of Mallikarjuna Balikai, filed a suit for partition and separate possession of suit properties and for a declaration t...

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Karnataka High Court Allows Appeal in Recovery Suit, Reduces Interest Rate from 23% to 6% p.a. for Money Lending Transactions. Court Held That Charging 23% Interest Was Unconscionable and Excessive Under Section 34 CPC, and Reduced It to 6% p.a. Simple Interest.

The plaintiff, G.R. Shet, proprietor of M/s Shet & Co., filed a suit for recovery of money against M/s Bawa Enterprises (a partnership firm) and its p...

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High Court of Karnataka Dismisses Appeal in Property Dispute Between Sisters — Upholds Trial Court's Decree of Declaration and Permanent Injunction. Gift Deed by Father Confers Title to Plaintiff; Defendant's Claim of Adverse Possession Fails as Possession is Permissive.

The case involves a property dispute between two sisters, the appellant (defendant) and the respondent (plaintiff), over a house originally owned by t...

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High Court of Karnataka Allows Appeal by Liquidator in Recovery Suit Against Bank for Wrongful Payment After Liquidation — Bank Liable to Pay Fixed Deposit Amount to Liquidator Despite Payment to Company Director After Winding Up.

The plaintiff, Gowribidanur Sahakara Sakkare Karkhane Ltd., a co-operative society under liquidation, filed a suit for recovery of money against India...

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High Court of Karnataka Dismisses Appeal in Declaration Suit — Appellants Fail to Prove Title Over Government Land. Suit for Declaration and Injunction Dismissed as Plaintiffs Could Not Establish Ownership Over Property Claimed by State.

The appellants, legal representatives of the original plaintiff Sri Jayarama Reddy, filed a Regular First Appeal under Section 96 of the Code of Civil...

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High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement of Sale Proved by Preponderance of Probabilities; Defendant Failed to Rebut Presumption Under Section 114 of Indian Evidence Act, 1872.

The appellant, Marigouda Chanabasappa Marigoudar, was the defendant in a suit for specific performance of contract filed by the respondents (plaintiff...