Search Results for "Declaration and Injunction"

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High Court of Karnataka Allows Appeal in Property Suit — Rejection of Plaint Under Order VII Rule 11 CPC Set Aside. Court holds that a suit for declaration and injunction is not barred by limitation when the plaintiff is in possession and the cause of action is continuous.

The appellant, defendant Nos. 1 to 3 in the original suit, challenged the order of the First Appellate Court which had reversed the Trial Court's orde...

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High Court of Karnataka Allows Appeal in Restoration of Suit Case — Defendant No.1 Succeeds in Setting Aside Appellate Decree. First Appellate Court Erred in Reversing Trial Court's Dismissal of Suit Without Proper Consideration of Evidence and Limitation Issues.

The case involves a Miscellaneous Second Appeal filed by Defendant No.1 against the judgment and decree dated 08.02.2019 passed in R.A.No.03/2009 by t...

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High Court of Karnataka Quashes Megha Lok Adalat Decree in Property Suit — Petitioner Not a Party to Compromise. Decree Passed Without Jurisdiction as Dispute Was Not Referable to Lok Adalat Under Section 20 of Legal Services Authorities Act, 1987.

The petitioner, Kishore Baldev Bajaj, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash a decree dated 25...

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High Court of Karnataka Allows Amendment in Suit for Specific Performance to Include Alternative Relief of Refund of Advance Amount. Amendment Sought Under Order VI Rule 17 CPC and Section 22 of Specific Relief Act, 1963 Held Permissible as It Does Not Change Nature of Suit.

The petitioner, M/s. Samrudhi Groups, a registered partnership firm, filed a suit for specific performance of contract (O.S.No.281/2017) against the r...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed. Plaintiff failed to prove title and possession; no substantial question of law under Section 100 CPC.

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) arises from a suit for declaration and injunction filed...

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High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Upheld. Court holds that no substantial question of law arises under Section 100 CPC where lower appellate court's finding that property is joint family property is based on evidence.

The case involves a Regular Second Appeal filed by the defendants (appellants) against the judgment and decree of the Civil Judge (Sr. Dn.), Ranebennu...

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Writ Petition Challenges Jurisdictional Authority Over Land Ownership Dispute. Supreme Court to Decide Whether Civil Court or Consolidation Officer Holds Jurisdiction Under the Prevention of Fragmentation and Consolidation Holdings Act, 1947

The writ petition challenges two court orders that determined the Civil Court lacks jurisdiction over a land ownership and possession suit, arguing th...

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Resolving Complexities in a Civil Suit for Partition. Limitation Issues, Res Judicata, and Legislative Amendments in Judicial Proceedings.

The legal dispute involving a civil suit for partition and related claims, focusing on the issue of limitation under Section 9-A of the CPC. It explor...