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High Court Dismisses Writ Petition Against Rejection of Impleadment Application in Perpetual Injunction Suit. Impleadment of Third Party Not Permitted Under Order I Rule 10 of Code of Civil Procedure, 1908 as No Relief Sought Against It and Suit is Right in Personam, Not Right in Rem.

The dispute originated from a suit for perpetual injunction filed by the petitioner against Nanded Waghala City Municipal Corporation concerning prope...

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Section 6 Specific Relief Act – Proof of Possession Mandatory.

This case arose from a dispute over possession of a dispensary premises in Mumbai between family members. The plaintiffs claimed that they were in set...

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Madras High Court Allows Revision Petition, Sets Aside Executing Court's Order Condoning Delay in Restoration of Execution Petition. Section 5 of Limitation Act, 1963 Held Inapplicable to Order XXI of Code of Civil Procedure, 1908 for Setting Aside Ex-Parte Orders Beyond 30 Days.

The case involves a civil revision petition filed by the legal representatives of the deceased judgment-debtor (Padasaib) challenging an order of the ...

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Bombay High Court Dismisses Revision Against Concurrent Findings in Tenancy Declaration Suit. Applicant fails to prove membership of deceased tenant's family or residence in suit premises under Section 7(15)(d) of Maharashtra Rent Control Act, 1999.

The case involves a Civil Revision Application filed by Pradeep Kumar Lalit Kumar Pandya challenging the concurrent judgments of the Small Causes Cour...

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Supreme Court Allows BDA's Appeal in Execution Proceedings: Right, Title or Interest Must Be Adjudicated Under Order XXI Rule 101 CPC. The Court held that an obstructor claiming title need not prove possession to be heard in execution proceedings.

The case involves an appeal by the Bangalore Development Authority (BDA) against the dismissal of its applications under Order XXI Rule 97 CPC in exec...

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High Court of Karnataka Quashes Registrar's Order Directing Inclusion of New Members in Co-operative Bank Election. Registrar's Direction to Enroll Eligible Farmers as Members Before Elections Set Aside as Beyond Statutory Authority Under Karnataka Co-operative Societies Act, 1959.

The petitioners, Basavaraj Kallappa Kugati and the Kittur Taluka Prathamika Sahakara Krishi Mattu Gramina Abhiruddhi Bank (PCARD Bank, Kittur), challe...

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Bombay High Court Allows Impleadment of Assignee in Execution Proceedings Despite Right of Pre-emption Claim. Assignee of share in suit property entitled to be brought on record under Order 1 Rule 10 CPC, independent of pre-emption rights under consent terms.

The applicant, Nipun Thakkar, filed Chamber Summons No. 524 of 2013 seeking impleadment as a party in Execution Application (L) No. 370 of 2012 in Sui...