Search Results for "indivisible decree"

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High Court of Karnataka Allows Writ Petition in Final Decree Proceedings — Mesne Profits Must Be Determined Before Auction Sale. Held that mesne profits under Section 2(12) CPC are a substantive right that cannot be deferred until after the sale of property in final decree proceedings.

The petitioner, Sri S.P. Suresh, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging two orders passed by the XV...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Suit for declaration and injunction dismissed as plaintiffs failed to prove title and possession over suit property.

The case involves a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 20.02.20...

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Supreme Court Dismisses Appeal as Abated Due to Non-Substitution of Legal Heirs of Deceased Appellant in Property Title Suit. Appeal Abates Entirely When Deceased Appellant's Interest is Inseparable from Co-Appellants, Rendering Inconsistent Decrees Impossible.

The Supreme Court dismissed the civil appeals filed by the defendants/appellants against the judgment of the High Court of Andhra Pradesh which had co...

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Bombay High Court Allows Second Appeal in Partition Suit, Remands Matter for Fresh Consideration on Question of Shares Under Hindu Succession Act. The court set aside the judgments of the trial court and first appellate court and directed the trial court to decide the suit afresh on the question of shares.

The case arises from a partition suit (Regular Civil Suit No. 2005 of 1986) filed by the original plaintiff (since deceased, represented by legal heir...

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Bombay High Court Dismisses Writ Petition Challenging Eviction Decree for Unauthorised Subletting Under Maharashtra Rent Control Act. Subtenant failed to prove lawful subletting as tenant did not obtain landlady's written consent under Section 15 of Maharashtra Rent Control Act, 1999.

The case involves a writ petition filed under Article 227 of the Constitution of India by the original defendant no.2 (petitioner no.1) and defendant ...

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Bombay High Court Dismisses Second Appeals in Property Partition Suit, Upholding Concurrent Findings of Courts Below. Family Property Partition Decree Confirmed as No Substantial Question of Law Arises Under Section 100 CPC.

The judgment pertains to two second appeals arising from a partition suit concerning family property. The appellant in Second Appeal No.164 of 2002, B...

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Bombay High Court Dismisses Writ Petition Challenging Abatement of Appeal in Rent Control Ejectment Suit. Failure to Bring Legal Representatives on Record Within Limitation Leads to Dismissal of Appeal as Abated.

The petitioners, heirs of the original plaintiff Ramsukh Mishrilal Jadiya, filed a writ petition challenging the order dated 23/12/2010 passed by the ...

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Supreme Court Adjudicates Appeal by Subsequent Purchasers Against Decree of Specific Performance of Agreement to Sell. High Court's Ruling That Original Vendees Were Entitled to Specific Performance Despite Contract Termination and Subsequent Sale Is Under Review.

These appeals before the Supreme Court arose from a common judgment of the High Court of Karnataka which allowed two appeals filed by the original ven...