Search Results for "Article 227 CPC"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Article 227 CPC"

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High Court

Madras High Court Dismisses Revision in Partition Suit — Appointment of Advocate Commissioner for Identification of Property Not Permissible Under Order 26 Rule 9 CPC. Court holds that Commissioner cannot be appointed to collect evidence for a party; application filed after commencement of trial was rightly rejected.

5 Mar 2026

The case involves a civil revision petition filed by the plaintiffs (Devaraj and Shankar) against the order dated August 16, 2022, passed by the trial...

High Court

Madras High Court Allows Revision Petition in Partition Suit — Ex-Parte Defendant Granted Opportunity to File Written Statement Under Order IX Rule 7 CPC. The court held that Order IX Rule 7 CPC should be liberally construed to allow a defendant to participate in proceedings if no prejudice is caused to the plaintiff, especially when trial has not commenced, and hyper-technical approach should be avoided.

6 Jan 2026

The case arises from a partition suit (O.S.No.96 of 2011) filed by the plaintiff, Smt. Saraswathi, against several defendants, including the fourth de...

High Court

Bombay High Court Dismisses Petition Challenging Restoration of Possession to Judgment-Debtor in Execution Dispute. Decree Holder Cannot Take Possession Without Execution Proceedings Under Order 21 CPC; Appellate Court Has Inherent Power Under Section 151 CPC to Restore Status Quo Ante.

28 Nov 2025

The petitioner, Amol Subashrao Deshpande, was the original plaintiff who filed a suit for declaration, removal of encroachment, possession, and injunc...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to File Written Statement Under Order VIII Rule 1 CPC — Petitioner Failed to Show Sufficient Cause for Delay in Filing Written Statement Beyond 90 Days.

27 Jun 2023

The petitioner, Abdul Kareem, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 20.02.2023 passed by th...

High Court

Bombay High Court Dismisses Landlord's Ejectment Petition Under Maharashtra Rent Control Act for Failure to Prove Bona Fide Need and Comparative Hardship. Landlord's requirement for ground floor premises for transport business not genuine as alternative space available on first floor and tenant would suffer greater hardship.

27 Jul 2022

The petitioners, Sanjay Kapoor and Rajesh Kapoor, filed a suit for ejectment against the respondents, M/s Gandhi Electricals and its partners, seeking...

High Court

Bombay High Court Dismisses Petition Challenging Impleadment of Co-Legal Heirs as Co-Plaintiffs in Eviction Suit. Order 1 Rule 10 CPC Allows Necessary Parties to Join to Avoid Multiplicity of Proceedings, Even in Presence of Conflict of Interest.

9 Jul 2019

The case arises from an eviction suit filed by Maude D'Penha (the original landlady) through her son and General Power of Attorney, Loy Kenneth D'penh...

Supreme Court

Supreme Court Allows Restoration of First Appeal Dismissed in Default, Emphasizes Liberal Construction of Procedural Law to Advance Substantial Justice. The Court held that an order refusing to readmit an appeal under Order 41 Rule 19 CPC is appealable under Order 43 Rule 1(t) CPC, and that the application disclosed sufficient cause for restoration.

5 Feb 2019

The appeal arose from a civil suit filed by the respondent (plaintiff) against the appellant, Mysore Urban Development Authority (defendant), seeking ...

High Court

Bombay High Court Allows Defendant's Evidence in Civil Suit Despite Delay Due to Jaundice — Sets Aside Evidence Closed Order to Prevent Irreparable Loss. The court held that denial of opportunity to lead evidence, especially when a counterclaim is filed, amounts to failure of justice and can be interfered with under Article 227 of the Constitution.

19 Mar 2018

The petitioner, Prakash Premnath Gaikwad, was the second defendant in Regular Civil Suit No. 13 of 2012 pending before the Civil Judge Junior Division...

High Court

Bombay High Court Allows Withdrawal of Suit Against Defendant No.2 and Acceptance of Consent Terms in Matrimonial Property Dispute Under Article 227 of the Constitution of India. Plaintiff's Unconditional Right to Withdraw Suit Under Order 23 Rule 1 CPC Upheld.

13 Nov 2013

The petitioner, Naseem Riyaz Khalifa, filed a suit for declaration and perpetual injunction against his wife (Respondent No.1) and her power of attorn...

High Court

Bombay High Court Allows Petition of Licensor in Eviction Suit — Trial Court Must Consider Application for Deposit of Licence Fee Under Order 15-A CPC. Failure to Consider Order 15-A CPC Constitutes Material Irregularity Warranting Interference Under Article 227 of Constitution of India.

17 Jan 2013

The petitioner, Mrs. Philomena D' Souza, through her attorney holder, filed a writ petition challenging an order dated 12.03.2012 passed by the learne...

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