Search Results for "Article 227 CPC"

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High Court Allows Writ Petition, Sets Aside Trial Court Order Dismissing Impleadment Application in Specific Performance Suit Under CPC and Constitution of India

The petitioners filed a writ petition under Article 227 of the Constitution of India challenging the Trial Court's order dated 01.10.2022 that dismiss...

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High Court of Karnataka Allows Writ Petition Challenging Rejection of Application to Recall Witnesses in Civil Suit. Court holds that trial court erred in dismissing IA for recall of PW-1 for further cross-examination without considering the principles of natural justice and fair opportunity.

The petitioners, who are the plaintiffs in O.S.No.4067/2009 pending before the XV Additional City Civil and Sessions Judge, Bengaluru, filed a writ pe...

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Bombay High Court Dismisses Petition Challenging Trial Court's Order Allowing Counter-Claim in Property Suit. Amendment of Plaint After Issues Settled Constitutes Exceptional Circumstance Justifying Filing of Counter-Claim Under Order VIII Rule 6-A CPC.

The petitioner, Vijaymala Sidling Doijad, filed a suit (Regular Civil Suit No.1056 of 2006) seeking injunction against the State of Maharashtra and th...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Leave to Sue Under Section 92 CPC for Public Trust Dispute. Section 52 of Maharashtra Public Trust Act Bars Application of Sections 92 and 93 CPC to Public Trusts.

The petitioners, members of Mahad Taluka Maratha Seva Sangh, a trust registered under the Maharashtra Public Trust Act, 1950 and the Societies Registr...

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High Court of Karnataka Allows Writ Petition in Execution Dispute — Quashes Order Dismissing Execution Petition as Not Maintainable. Withdrawal of Earlier Execution Petition Without Liberty Does Not Bar Fresh Execution Under Order XXI Rule 2 CPC.

The writ petition was filed by the judgment-debtors (petitioners) challenging an order dated 19.04.2017 passed by the LII Additional City Civil and Se...

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High Court of Karnataka Dismisses Writ Petition as Withdrawn with Liberty to File Miscellaneous Appeal Under Order XLIII Rule 1 CPC — Petitioner Allowed to Pursue Alternative Remedy Against Order Dismissing IA II in Civil Appeal.

The petitioner, Sri. Sadananda, filed a writ petition under Article 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, ...

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High Court of Karnataka Allows Plaintiff's Petition for DNA Test in Partition Suit — Order 26 Rule 10A CPC. The court held that a DNA test is permissible under Order 26 Rule 10A CPC to establish relationship when disputed in a partition suit.

The petitioner, Smt. D.N. Mangala, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 11.04.2017 passed ...