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High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Set Aside Ex-Parte Decree in Partition Suit. Petitioner Failed to Show Sufficient Cause for Non-Appearance Despite Having Knowledge of Proceedings and Filing Written Statement.

The petitioner, Smt. Sokkamma (since deceased, represented by her LR M. Byrappa), filed a writ petition under Article 227 of the Constitution of India...

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High Court of Karnataka Dismisses Appellants' Second Appeal in Final Decree Proceeding — Confirms Scheme of Partition Accepted by Trial Court. Compromise Decree in Earlier RSA Modified Preliminary Decree, and Final Decree Proceeding Properly Implemented the Modified Decree.

This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) arises from a decree passed in Final Decree Proceeding No. 11/...

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High Court of Karnataka Allows Writ Petition Against Dismissal of Obstruction Application in Execution Proceedings — Impugned Order Quashed. Court Held That Executing Court Must Consider Objections of Third Party Obstructor on Merits Under Order XXI Rules 97, 98, and 101 CPC.

The petitioner, Rajesh Enterprises, a partnership firm represented by its partner Naresh Godar Shah, filed a writ petition under Articles 226 and 227 ...

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High Court of Karnataka Dismisses Revision Petition in Suit for Permanent Injunction — Upholds Trial Court's Refusal to Reopen Evidence After Plaintiff's Side Closed. Court Held That Order 18 Rule 17 CPC Cannot Be Used to Fill Gaps in Evidence or to Remedy Negligence of Party.

The petitioner, Sri P. Ramaprasad, was the plaintiff in O.S. No. 231/2019 pending before the XIX Additional City Civil and Sessions Judge, Bangalore C...

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High Court of Karnataka Dismisses Writ Petition Challenging Order in Final Decree Proceedings — Court Holds That Application Under Section 151 CPC Read with Sections 3 and 4 of the Partition Act for Considering Earlier Applications Is Maintainable and Not Barred by Res Judicata.

The writ petition was filed by the petitioners (Mukunda Rao and Venkatesh Rao) challenging the order dated 25.10.2021 passed by the Principal Senior C...

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High Court of Karnataka Dismisses Appeal in Partition Suit, Upholding Trial Court's Dismissal Due to Prior Partition and Wills. Properties Already Dealt With Under Prior Partition Deed (Ex.D-3) and Testamentary Succession (Ex.D-4, D-7) Leaving No Joint Family Property for Partition.

The litigation arose out of a suit for partition filed by the appellant, Smt. Jaywanthi K. Kapadia, who is one of the legal heirs of late A. Venilal. ...

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Karnataka High Court Sets Aside Order Allowing Amendment in Final Decree Proceeding — Amendment Sought After Final Decree Drawn Up Held Impermissible. Order VI Rule 17 CPC cannot be invoked to change the case after final decree is concluded.

The petitioners, Mrs. Aysha and S. Mohammed Iqbal, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 20....

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High Court of Karnataka Dismisses RSA in Final Decree Proceedings — No Substantial Question of Law Arises. Appellants failed to challenge preliminary decree and cannot raise objections in final decree proceedings under Order 21 Rule 18 read with Section 54 of CPC.

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 was filed by the judgment debtors (appellants) against the ju...

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High Court of Karnataka Quashes Appointment of Commissioner in Final Decree Proceedings for Lack of Notice to Defendants. Order 26 Rule 9 CPC requires notice to all parties before appointing a commissioner for partition, and failure to do so vitiates the order.

The petitioners, who were defendants in a final decree proceeding (FDP No. 2/08) before the Principal Civil Judge, Bijapur, challenged an interim orde...