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Karnataka High Court Dismisses Writ Petition Challenging Lok Adalat Compromise Decree in Partition Suit: Third Party Not Permitted to Invoke Article 226 Against Lok Adalat Award. Writ Remedy Not Available to Strangers to Decree; Proper Recourse Is to File a Separate Suit for Declaration and Partition.

The writ petition was filed under Articles 226 and 227 of the Constitution of India by five individuals claiming to be members of the same family as t...

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High Court of Karnataka Dismisses Appeal in Suit for Permanent Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that findings of fact recorded by courts below based on evidence cannot be disturbed in appeal under Section 96 CPC unless perverse or contrary to material on record.

The case involves a Regular First Appeal filed by the defendants (appellants) against the judgment and decree dated 30.09.2010 passed by the Senior Ci...

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High Court of Karnataka at Bengaluru Considers Second Appeals on Maintainability of Civil Suits Involving Electricity Tariff Dispute – Core Issue Is Bar on Civil Court Jurisdiction Under Section 145 of the Electricity Act, 2003

The appellants, who were plaintiffs in the original suits, filed four separate suits (O.S. Nos. 613/2013, 612/2013, 610/2013, and 611/2013) before the...

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High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Cannot Be Invoked After Decree Is Passed. Execution Court Erred in Staying Execution Based on Subsequent Suit Filed by Judgment Debtor After Decree.

The petitioners (decree holders) obtained a decree for possession in O.S. No. 79/2003 (originally O.S. No. 3/1971) against the respondent (judgment de...