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APPEAL FROM ORDER NO. 835 OF 2022

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Bombay High Court Dismisses Writ Petitions Seeking Mandatory Lis Pendens Entry in 7/12 Extracts Under Maharashtra Land Revenue Code. Government Resolution Not Recording Lis Pendens Upheld as No Express Statutory Provision Mandates Such Entry.

The two writ petitions before the Bombay High Court raised a common issue concerning the mandatory recording of lis pendens entries in land records, s...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises under Section 100 CPC where courts below concurrently found that plaintiffs failed to prove title and possession.

The appellants, legal representatives of the original plaintiffs, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, agains...

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Karnataka High Court Considers Writ Petition Against Rejection of Obstruction Application in Execution Proceedings. Execution Court Dismissed Application Under Order XXI Rule 97 Without Enquiry, Allegedly Violating Order XXI Rule 101 CPC.

The petitioner, a third party objecting to the execution of a decree for vacant possession, challenged the order of the Principal Civil Judge and JMFC...

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High Court of Karnataka Dismisses Appeal in Execution Proceedings — Upholds Rejection of Application to Set Aside Auction Sale Under Order 21 Rule 90 CPC. Judgment-Debtor Failed to Prove Material Irregularity or Substantial Injury from Alleged Inadequacy of Price.

The case arises from execution proceedings in Ex. No. 73/2004 pending before the Civil Judge (Sr. Dn.), Chickmagalur. The appellants, who are the lega...

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High Court of Karnataka Quashes Trial Court Orders for Lack of Jurisdiction — Orders Passed Without Deciding Application for Rejection of Plaint Under Order VII Rule 11 CPC Are Illegal. Trial Court Must First Decide Preliminary Issue of Jurisdiction Before Proceeding with Interim Applications.

The petitioners filed writ petitions under Article 227 of the Constitution of India challenging orders dated 13.04.2017 and 17.07.2017 passed by the X...

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Bombay High Court Dismisses Writ Petitions Challenging Arbitral Award in Share Dispute — No Grounds for Interference Under Section 34 of Arbitration Act. Court upholds award rejecting claim for specific performance of oral agreement to transfer shares, finding no valid contract and no limitation bar.

The petitioner, Vijay Shivram Pathare, filed two writ petitions under Article 226 of the Constitution of India challenging an arbitral award dated 30 ...