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High Court Dismisses Bank's Revision in SARFAESI Act Suit — Civil Court Jurisdiction Not Barred. Suit for Declaration and Injunction Regarding Personal Guarantee Held Maintainable as It Does Not Relate to Enforcement of Security Interest Under Section 34 of SARFAESI Act.

The case involves a civil revision application filed by Allahabad Bank against an order of the Joint Civil Judge, Junior Division, Nagpur, rejecting t...

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Bombay High Court Dismisses Revision and Writ Petition in Lease Dispute — Possession Rights Determined by Eviction Order Under Maharashtra Rent Control Act. The court upheld the eviction of the licensee and vacated the temporary injunction, finding the alleged lease deed unregistered and not credible.

The case involves a dispute over possession of a flat in Mumbai. The Revision Applicant, Ganesh Arjun Chukkal, is a director of Brice Infrastructure &...

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Bombay High Court Dismisses Revision Under Section 115 CPC Due to Alternate Remedy Under Maharashtra Rent Control Act. Order rejecting plaint under Order VII Rule 11(d) CPC affects substantive rights and is revisable under Section 34(4) of the MRC Act.

The present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 was filed by the applicants (defendants) challenging an ...

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Supreme Court Dismisses Appeal Against Rejection of Order VII Rule 11 CPC Application in Property Suit — Plaint Discloses Cause of Action and Is Not Barred by Limitation.

The present appeal arises from a property dispute over Plot No. 1480 in Ulhasnagar, Maharashtra. The appellants, original defendants, challenged the r...

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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 Dismisses Revision Petition Against Rejection of Plaint Rejection Application in Trust Property Suit. Order VII Rule 11(d) CPC Application Rejected as Plaint Disclosed Cause of Action and Was Not Barred by Law.

The petitioner, a defendant in a suit filed by the first respondent (a public trust), challenged the order dated 12.03.2015 passed by the II Additiona...

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High Court of Karnataka Dismisses Revision Petition in Family Court Suit — Order VII Rule 11(d) CPC Application Rejected. Plaint Not Barred by Limitation as Cause of Action is Continuing Wrong Under Section 23 of Limitation Act, 1963.

The petitioner, Adamsaheb, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 15.07.2...

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High Court of Karnataka Allows Appeal in Civil Procedure Case — Holds That Order VII Rule 11 CPC Permits Only Rejection of Plaint as a Whole. Partial rejection of a plaint is not permissible in law under Order VII Rule 11 of the Code of Civil Procedure, 1908.

The appeal arises from an order dated 05.04.2016 passed by the 42nd Additional City Civil and Sessions Judge, Bangalore on I.A.No.37 in O.S.No.8068/20...

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Bombay High Court Dismisses Revision Applications Against Rejection of Plaint Rejection Application in Partition Suit. Court holds that issues of limitation and cause of action are mixed questions of law and fact requiring trial under Order VII Rule 11 CPC.

The judgment arises from two Civil Revision Applications (CRA No. 12/2024 and CRA No. 13/2024) filed by defendants in a partition suit (RCS No. 78/202...