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High Court of Karnataka Dismisses Writ Petitions Challenging Trial Court Order on Impleading Parties in Suit for Partition and Injunction — Upholds Order Allowing Impleading of Subsequent Purchasers as Necessary Parties Under Order 1 Rule 10 CPC.

The petitioner, H.P. Subbareddy, filed a suit for partition and permanent injunction in respect of certain immovable properties. During the pendency o...

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High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order Refusing to Implead Parties in Suit for Specific Performance — Petitioner Lacks Direct Interest in Property and Cannot Compel Performance of Contract Between Others.

The petitioner, Sri K. Lakshmaiah Reddy, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 22.02.2022 p...

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Karnataka High Court Allows Writ Petition Challenging Trial Court Order Refusing to Implead Trust Members in Suit for Declaration and Injunction — Held That Necessary Parties Must Be Joined Under Order 1 Rule 10 CPC to Avoid Multiplicity of Proceedings.

The petitioners, who are trustees and office bearers of Shree Beereswara (Channakeshwara) Swamy Seva Trust, filed a writ petition challenging the orde...

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High Court of Karnataka Quashes Compromise Decree in Title Suit Due to Fraud and Fabrication — Lok Adalat Decree Set Aside as Collusive and Without Proper Verification. Compromise Decree Obtained by Fraud is a Nullity and Can Be Challenged Under Article 227 of the Constitution of India.

The petitioner, Smt. Padmavati, originally filed a writ petition challenging a compromise decree dated 27.09.2010 passed in O.S. No.243 of 2010 on the...

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Karnataka High Court Quashes Penal Back Billing Order in Electricity Theft Case — No Evidence of Tampering or Pilferage. Mere Fluctuation in Load Factor Does Not Attract Penal Provisions Under Clause 42.05 of Conditions of Supply of Electricity.

The petitioner, M/s Eureka Forbes Limited, a public limited company, owned a composite premises in Bommasandra Industrial Area, Bengaluru. In 2007, it...

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Madras High Court Allows Appeal in Specific Performance Suit — Agreement Holder Failed to Prove Readiness and Willingness. Continuous Readiness and Willingness Must Be Established Throughout the Period of Contract Under Section 16(c) of the Specific Relief Act, 1963.

The appeal arises from a suit for specific performance of an agreement of sale dated 10.06.2006. The plaintiff, T.K.Kandhaswamy, sought to enforce the...

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High Court of Karnataka Allows Petition Under Section 11(6) of Arbitration and Conciliation Act, 1996 for Appointment of Arbitrator in Joint Development Agreement Dispute. Clause 27.4 of Agreement Held Valid Arbitration Agreement, but Third Party Respondent No.5 Cannot Be Referred to Arbitration.

The petitioner, Nitesh Urban Development Pvt Ltd, filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointm...

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Karnataka High Court Allows Appeal in Adoption and Partition Dispute — Gift Deed by Widow Without Legal Necessity Set Aside. Adopted Son's Right to Inherit from Adoptive Father Upheld Under Hindu Succession Act, 1956 and Hindu Adoption and Maintenance Act, 1956.

The appellant, M.S. Shekharappa, filed a suit (O.S. No. 6/2002) seeking a declaration that he is the successor to the estate and liabilities of his ad...