Search Results for "redemption right"

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High Court of Karnataka Dismisses Partition Appeal for Lack of Evidence of Joint Family Property. Court holds that plaintiffs failed to prove that suit properties were ancestral joint family properties, and the suit was barred by limitation and res judicata.

The appeal arises from a judgment and decree dated 30.01.2018 passed by the Senior Civil Judge, Kolar, in O.S. No. 42/2012, dismissing the suit for pa...

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High Court of Karnataka Quashes E-Auction Notice and Sale Certificate in SARFAESI Act Case Due to Violation of Rule 8(6) of Security Interest (Enforcement) Rules, 2002. Failure to Serve 30-Day Notice Before Auction Renders Sale Void.

The petitioners, Sri T.S. Nataraj, Sri Harsha N., and Smt. N. Seema, filed a writ petition under Articles 226 and 227 of the Constitution of India bef...

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Bombay High Court Dismisses Second Appeal in Mortgage by Conditional Sale Dispute. Deed termed 'conditional sale' interpreted as mortgage under Section 58(c) of Transfer of Property Act, 1882, entitling plaintiff to redemption.

The case involves a dispute over the interpretation of a deed executed between the parties, termed as 'conditional sale'. The appellant (original defe...

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Bombay High Court Dismisses Petition Challenging DRAT Order in SARFAESI Act Matter with Heavy Costs. Petitioners' attempt to redeem mortgaged property for a fraction of the outstanding debt held to be an abuse of process.

The petitioners, Mr. Dipak Digambar Naik and others, filed a writ petition in the Bombay High Court challenging an order dated 12th March 2015 passed ...

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Bombay High Court Allows Second Appeal in Mortgage Redemption Suit — Finds Trial Court Erred in Holding Transaction as Mortgage by Conditional Sale. Document dated 15.7.1966 construed as out-and-out sale based on absence of debt and right of redemption.

The case involves a second appeal arising from a suit for redemption of mortgage. The original plaintiffs (respondents) filed R.C.S. No. 44/1994 in th...

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Bombay High Court Dismisses Appeal in Mortgage Redemption Suit — Tenant-Mortgagee Cannot Deny Landlord's Title. Court holds that a mortgage by a tenant in favour of the landlord is valid and the mortgagor's right to redeem subsists despite the mortgagee's acquisition of tenancy rights.

The suit property originally belonged to Arjun Nivrutti Darwade and his family. In 1939, the father of the appellants (original defendants) was induct...