Search Results for "Article 227 CPC"

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Gujarat High Court Dismisses Petition Challenging Conditional Stay in Commercial Suit Execution. Condition to Deposit Entire Decreetal Amount for Stay of Ex-Parte Decree Upheld as Valid Exercise of Appellate Court's Discretion Under Order XLI Rule 5 CPC.

The petitioners, Jai Mata Engineering Limited and another, were defendants in Commercial Civil Suit No. 7 of 2023 before the Principal Senior Civil Ju...

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Madras High Court Dismisses Revision Against Order Allowing Withdrawal of Partition Suit with Liberty to File Fresh Suit. Trial Court's Discretion Under Order XXIII Rule 1 CPC Upheld as No Perversity or Jurisdictional Error Found.

The case arises from a suit for partition and separate possession filed by the plaintiff (first respondent) in O.S. No.169 of 2008 before the District...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Implead Legal Representatives in Partition Suit — Held That Application Under Order 22 Rule 4 CPC Was Not Maintainable as Defendant No.2 Was Already on Record and No Abatement Had Occurred

The petitioner, Sri Janardhana Suvarna, was Defendant No.2 in O.S.No.233/2016, a suit for partition and separate possession filed by Respondent No.1 (...

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High Court of Karnataka Dismisses Writ Petitions Challenging Trial Court Order on Impleading Parties in Suit for Partition and Injunction — Upholds Order Allowing Impleading of Subsequent Purchasers as Necessary Parties Under Order 1 Rule 10 CPC.

The petitioner, H.P. Subbareddy, filed a suit for partition and permanent injunction in respect of certain immovable properties. During the pendency o...

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Bombay High Court Allows Landlords' Petition to Correct Eviction Decree Under Section 152 CPC — Decree Must Reflect Actual Area of Suit Property as Found by Courts Below, Executing Court Cannot Go Behind Decree.

The petitioners, landlords and decree holders, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 12th J...

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Bombay High Court Dismisses Wife's Transfer Petition Under Section 24 CPC Seeking Transfer of DV Act Case to Family Court — Metropolitan Magistrate Not Subordinate to High Court Under CPC. Transfer Under Article 227 Also Denied as Proceedings Were at Advanced Stage and No Prejudice Shown.

The applicant wife filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, and also invoked Article 227 of the ...