Search Results for "declaration decree"

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Search Results for "declaration decree"

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High Court

High Court of Karnataka Allows Revision Against Restoration of Possession in Execution Proceedings — Compromise Decree Set Aside Without Notice to Decree Holder Violates Natural Justice. Order XXI Rule 99 CPC Application Cannot Be Decided Without Hearing the Decree Holder.

25 Aug 2021

The petitioner, Smt. Leelavathi, filed a civil revision petition under Section 18 of the Karnataka Small Causes Courts Act, 1964, challenging an order...

High Court

High Court of Karnataka Dismisses Second Appeal in Declaration and Possession Suit — Substantial Question of Law Not Pressed. Amendment to plaint seeking both declaration and recovery of possession renders the framed question of law infructuous.

5 Apr 2017

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellant against the judgment and decree dated...

High Court

High Court of Karnataka Allows Appeal in Registration of Deed Case — Execution of Sale Deed by Power of Attorney Holder Without Proper Authorization Set Aside. Court holds that a power of attorney holder cannot execute a sale deed without express authority and that the deed must be registered in accordance with the Registration Act, 1908.

11 Jan 2024

The case involves a Miscellaneous Second Appeal filed by the appellants against the judgment and decree of the lower appellate court. The dispute pert...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit. Order IX Rule 9 CPC Bar Not Applicable When Earlier Suit Dismissed for Default Without Adjudication on Merits.

17 Nov 2022

The case involves a Civil Revision Application filed by the original defendant, Chandrakant Bhaurao Waghmare, challenging an order dated 29.04.2019 pa...

High Court

Madras High Court Dismisses Appeal in Title Suit — Plaintiff Fails to Prove Title and Possession Over Suit Property. Declaration of Title Denied as Sale Deed Did Not Contain Approved Layout Plan and Plaintiff Failed to Establish Continuous Possession.

6 Feb 2026

The appellant, T.S. Krishnamoorthy, filed an appeal against the dismissal of his suit O.S. No. 13520 of 2010 by the VII Additional Judge, City Civil C...

High Court

High Court of Karnataka Hears Second Appeal in Suit for Declaration and Injunction Involving Allegation of Fraudulent Sale by Forged Power of Attorney. The Appeal Challenges Reversal of Trial Court's Decree by First Appellate Court.

19 Dec 2024

Background: This matter arises from a Regular Second Appeal filed by the plaintiff under Section 100 of the Code of Civil Procedure, 1908, challenging...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Agreement to Sell and Possession Upheld. Court holds that concurrent findings of fact cannot be interfered with under Section 100 of Code of Civil Procedure, 1908 unless perverse or based on no evidence.

8 Jun 2026

The present second appeal was filed by the original defendant (since deceased, represented by legal heirs) challenging the concurrent judgments and de...

High Court

High Court of Karnataka Dismisses Regular Second Appeal, Upholding First Appellate Court Decision on Non-Maintainability of Suit for Name and Caste Correction. Civil Suit for Correction of Name and Caste in School Records Barred Under Section 9 CPC and Jurisdiction Vests with District Caste Verification Committee.

25 Jun 2026

The dispute arose from a suit filed by a minor plaintiff seeking correction of his name from 'Shahid' to 'Aarush' and caste from 'Muslim' to 'Hindu Go...

Supreme Court

Supreme Court Allows Appeal Against High Court's Reversal in Wakf Compromise Decree Case — Commissioner's Notice Requirement Under Section 70(1) Bengal Wakfs Act, 1934, Satisfied by Impleading as Party. Compromise Decree Not Void Under Section 70(4) When Commissioner Had Full Notice of Suit and Opportunity to Contest.

15 Jul 1969

Background: The case involved a wakf al-al-aulad executed by Haji Abdul Karim in 1917, providing for family benefits and ultimately feeding the poor. ...

High Court

Karnataka High Court Allows Revision Petition in Property Declaration Suit — Order VII Rule 11(d) CPC Application Rejected as Plaint Discloses Cause of Action. Court holds that the plaint cannot be rejected under Order VII Rule 11(d) CPC when the plaintiff's claim is based on a different title and the earlier decree is challenged as not binding.

23 Jun 2023

The case arises from a civil revision petition filed by the petitioner (defendant No.1 in the original suit) challenging the order dated 02.06.2022 pa...

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