Search Results for "declaration decree"

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Search Results for "declaration decree"

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High Court

High Court of Karnataka Quashes Compromise Decree in Civil Suit Due to Fraud and Non-Compliance with Order XXIII Rule 3 CPC — Suit Restored for Hearing on Merits. The court held that a compromise decree obtained without a written and signed compromise and without the court recording satisfaction about its lawfulness is illegal and liable to be set aside under Order XXIII Rule 3 of the Code of Civil Procedure, 1908.

9 Jun 2015

The petitioner, Kasturevva, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Dharwa...

High Court

High Court of Karnataka Dismisses Appeal in Property Dispute — Upholds Trial Court's Decree for Declaration and Permanent Injunction. Plaintiff's Title Established Through Registered Sale Deed and Tax Records, Defendant's Adverse Possession Claim Fails for Lack of Evidence.

5 Mar 2015

The case involves a property dispute where the original plaintiff, L.C. Hanumanthappa (since deceased, represented by legal representatives), filed a ...

Supreme Court

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.

7 Aug 2019

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...

High Court

Regular First Appeal Against Common Judgment Decreeping Suit for Perpetual Injunction and Dismissing Suit for Declaration That Sale Deeds Are Not Binding on Co-Parceners. Dispute Centered on Whether Property Was Joint Family Asset or Self-Acquired and Validity of Sale Deeds Executed by Karta or Power of Attorney Holder.

27 Jan 2020

The appeals arose from two suits tried together. One suit (O.S.No.1611/1994) was filed by the plaintiffs, claiming to be co-parceners of an undivided ...

High Court

High Court of Karnataka Hears Two Regular First Appeals Filed Against Trial Court Judgments in Property Dispute. Appeals Challenge Dismissal of Declaration Suit and Decree of Partition Suit Based on Conflicting Gift Deeds and Succession Claims.

3 Aug 2021

The High Court of Karnataka took up two Regular First Appeals (RFA No.1285/2008 and RFA No.731/2014) for common disposal, arising from two original ci...

High Court

Madras High Court Dismisses Second Appeal in Obstruction Application, Upholds Execution Court's Order. Pendente Lite Purchaser Cannot Raise Defense of Bonafide Purchaser; Decree Against Vendor Binds Subsequent Purchaser.

28 Apr 2026

The second appeal arose from execution proceedings in a suit for declaration of title and recovery of possession. The respondent Balan had filed O.S.N...

High Court

High Court of Karnataka Dismisses Second Appeal in Declaration Suit — Concurrent Findings of Ownership Upheld. Regular Second Appeal under Section 100 CPC fails as no substantial question of law arises from concurrent findings of fact regarding title and possession.

13 Jun 2025

The appellant, Somayya Belchada, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree...

High Court

High Court of Karnataka Allows Regular Second Appeal in Property Dispute — Suit for Declaration and Injunction Dismissed Due to Failure to Prove Title and Possession. Court holds that plaintiffs must establish title and possession independently, and that a co-owner in exclusive possession of a portion cannot be dispossessed without due process of law.

25 Sep 2025

The appellants, who were the plaintiffs in the original suit, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, ag...

Supreme Court

Supreme Court Refers to Larger Bench Question of Maintainability of Review Petition After Dismissal of SLP in Limine. The issue is whether a review petition is maintainable before the High Court after the Supreme Court dismisses a special leave petition without granting leave, particularly when the dismissal is in limine and by a non-speaking order.

1 Mar 2019

The case arises from a money suit filed by the respondent (a cooperative sugar factory under liquidation) against the appellant (Khoday Distilleries L...

Supreme Court

Supreme Court Hears Appeal Against High Court's Dismissal of LPA in Land Possession Suit Involving Co-operative Society Charge – Re-conveyance Dispute. Civil appeal arises from High Court's affirmation of Single Judge's setting aside of trial court's decree of possession based on interpretation of Sections 47 and 48 of the Maharashtra Co-operative Societies Act, 1960, and the effect of subsequent release of society's charge.

26 Jul 2026

The dispute pertained to agricultural land in Maharashtra that was ancestral property of the original plaintiff. The plaintiff had obtained a loan fro...

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