Search Results for "Civil Procedure Code, 1908"

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Commercial Division of High Court of Karnataka Examines Claim of Joint Ownership in Property Attachment Objection Under Order XXI Rule 58 CPC. Dispute Concerns Whether Judgment Debtor Has Share in Self-Acquired Property of Father Despite Gift Deed Executed Prior to Attachment.

The matters arose from execution proceedings concerning two decrees obtained by related decree holders against a judgment debtor, a sole proprietor. T...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Bombay High Court Allows Second Appeals in RERA Execution Case, Holding Order XXI Rule 32(5) CPC Applicable. The court set aside the Appellate Tribunal's order disallowing amendment to execution applications seeking construction by decree holders at promoter's cost.

The case involves five second appeals filed by allottees (Rajan Chandiramani, Jagruti Parikh and Anr., Priyanka Waghela, Srichand Makhija, and Jayesh ...

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High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Property Dispute — Orders Notice to Defendants Without Granting Injunction. Court holds that granting ex parte injunction without recording satisfaction of exceptional circumstances under Order 39 Rule 3 CPC is improper.

The appellant in MFA 3477/2026, Sri Suresh Babu J N, and the appellants in MFA 3478/2026, Smt. B Rajeshwari and others, filed miscellaneous first appe...