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Search Results for "kartha"

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High Court

High Court of Karnataka Allows Appeal in Partition Suit — Rejects Plaint Rejection Under Order VII Rule 11 CPC. Suit for Partition and Separate Possession of Joint Family Property Not Barred by Limitation as Perpetual Right to Seek Partition Recognized Under Hindu Law.

22 Apr 2026

The present Regular First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree dated 24.02...

High Court

High Court of Karnataka Dismisses Appeal Against Rejection of Temporary Injunction in Suit for Specific Performance and Injunction — No Prima Facie Case Made Out for Interim Relief. The court held that the appellant failed to establish a prima facie case for grant of temporary injunction under Order 39 Rules 1 and 2 CPC as the agreement of sale was unregistered and the claim appeared stale.

23 Nov 2024

The appellant, M/s. Gaurav Rose Real Estate Pvt. Ltd., filed a miscellaneous first appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 190...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court holds that no substantial question of law arises where courts below have concurrently held that plaintiff failed to prove joint family property and that suit property was self-acquired by defendant.

10 Jul 2023

The appellants, legal representatives of the original plaintiff N.L. Manjunatha, filed a Regular Second Appeal under Section 100 of the Code of Civil ...

High Court

High Court of Karnataka at Kalaburagi Adjudicates Regular First Appeals Against Partition Decree. Trial Court Had Decreed Suit for Partition and Separate Possession, and Appeals Under Section 96 of Code of Civil Procedure, 1908 Challenge That Decree.

22 Dec 2022

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High Court

High Court of Karnataka Allows Appeal in CPC Case — Sets Aside Ex Parte Interim Injunction for Non-Compliance with Order VI Rule 17 CPC. Appellant-Defendant's Application for Rejection of Plaint Under Order VII Rule 11 CPC Dismissed as Not Maintainable at Interim Stage.

6 Sep 2022

The appellant, Hinduja Renewables Two Private Limited, was the defendant No.6 in OS No.225/2021 pending before the Senior Civil Judge and JMFC, Sindha...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit, Upholding Decree for Division of Self-Acquired Properties. The Court Held That Non-Joinder of Other Family Branch Did Not Affect Suit Maintainability as Properties Were Separate Estate, and Appellant's Ouster Claim Failed Due to Admission of Co-Ownership and Lack of Evidence.

9 Feb 2022

The dispute originated from a partition suit filed by the sister and sister-in-law of the appellant against him and other defendants, seeking division...

High Court

Karnataka High Court Hears Regular First Appeal Against Trial Court Decree Declaring Plaintiff as Absolute Owner and Ordering Delivery of Possession. Deemed University's Land Acquisition and Possession Dispute Involving Application of Land Acquisition Act, Karnataka Societies Registration Act, 1960, and Section 96 of CPC.

6 Jun 2016

The appeal arose from a suit filed by the National Institute of Mental Health and Neuro Sciences (NIMHANS), a deemed university and society registered...

High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit — No Substantial Question of Law Arises. Concurrent findings of fact regarding joint family status and limitation cannot be interfered with under Section 100 CPC.

19 Feb 2014

The appellants, along with one Ramappa, filed a suit for declaration, partition, and separate possession of suit schedule properties, alleging the exi...

High Court

High Court of Karnataka Allows Regular Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Courts Below Reversed on Ground of Non-Examination of Attesting Witness to Will. The first appellate court's reversal of the trial court's decree was set aside as it failed to consider the mandatory requirement of examining an attesting witness to prove the Will under Section 68 of the Indian Evidence Act, 1872 read with Section 63 of the Indian Succession Act, 1925.

1 Oct 2013

The appellant, H.M. Rudraradhya, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and de...

High Court

Karnataka High Court Dismisses Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Plaintiff Failed to Prove Possession and Title Over Suit Property; Courts Below Correctly Held That Plaintiff Was Not in Possession and That Defendants Were in Possession.

1 Oct 2013

The appellant, Nagarathnamma, was the plaintiff in a suit for declaration of title and permanent injunction in respect of certain immovable property. ...

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