Search Results for "Plaint averments"

1977 result(s) found

Scroll Down To Discover

Found 1977 result(s)

© Image Copyrights Juris Services & Technology

High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession. Court holds that a co-owner in possession of joint family property cannot claim adverse possession against other co-owners without ouster or denial of title.

The appellants, who are the sons and daughter of late M.C.Someshwar, filed a Regular First Appeal against the judgment and decree dated 30.11.2016 pas...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Revision Application in Easementary Right of Way Dispute Involving Waqf Property. Civil Court Retains Jurisdiction Over Declaration of Easementary Rights as Dispute Does Not Relate to Waqf Property or Rights Therein.

The case involves a Civil Revision Application filed by the Kausa Jama Masjid Trust (Defendant-Trust) challenging an order of the Trial Court rejectin...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Allows Appeal in Partition Suit — Res Judicata Not Applicable to Earlier Consent Decree Without Adjudication. Consent Decree Does Not Bar Subsequent Suit Under Section 11 CPC as There Is No Adjudication on Merits.

The appellant-plaintiff filed a suit for partition and separate possession of suit schedule A, B and C properties, claiming they were ancestral joint ...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Revision Application in Suit for Permanent Injunction — Dispute Over Property Rights and Possession. Court Holds That Trial Court Erred in Dismissing Application Under Order 39 Rule 1 and 2 CPC Without Proper Application of Mind and Without Considering Prima Facie Case.

The revision application was filed by the applicants (original plaintiffs) challenging the order dated 23.11.2017 passed by the trial court dismissing...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Dismisses Appeal in Suit for Specific Performance and Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that a second appeal under Section 100 CPC is not maintainable against concurrent findings of fact unless substantial question of law arises.

The appellant, Mr. Jagadish Poonja, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decre...

© Image Copyrights Juris Services & Technology

Article 227 Cannot Override Order VII Rule 11 CPC | Supreme Court Restores Plaint Wrongly Struck Off by High Court (2026 INSC 121)

The Supreme Court held that the High Court erred in striking off the plaint under Article 227 of the Constitution when a specific remedy under Order V...