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High Court of Karnataka Allows Plaintiff's Writ Petition Under Article 227 Challenging Refusal of Ex-Parte Appointment of Commissioner in Injunction Suit. Trial Court Directed to Reconsider Application for Appointment of Commissioner on Merits Considering Urgency and Irreparable Loss.

The petitioner, Newspace Research and Technologies Private Limited, filed a writ petition under Article 227 of the Constitution of India challenging a...

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Bombay High Court Dismisses Petition Challenging Pre-trial Appointment of Court Commissioner for Land Measurement Under Section 75 r/w Order 26 Rule 9 CPC. Court Holds That Appointment of Commissioner is Not Dependent on Commencement of Trial and Is Within Court's Discretion.

The Bombay High Court at Aurangabad addressed the issue of whether a Court Commissioner for measurement of land under Section 75 read with Order 26 Ru...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Upholds Concurrent Findings of Courts Below. Plaintiff failed to prove joint family property and possession within limitation under Hindu Succession Act, 1956.

The case involves a second appeal filed by the plaintiffs, who were the widow and daughters of Daulatram, against the dismissal of their suit for part...

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Bombay High Court Dismisses Petition Challenging Appointment of Court Commissioner in Civil Suit. Appointment of TILR as Court Commissioner Upheld as Earlier Commissioner's Report Was Not Rejected and No Bar Exists for Fresh Appointment.

The present Writ Petition under Article 227 of the Constitution of India was filed by the Petitioner, who is the original Defendant No.1 in Regular Ci...

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Bombay High Court Allows Appeal in Property Suit, Sets Aside Order Rejecting Plaint for Non-Prosecution. Court holds that dismissal of suit for default under Order IX Rule 8 CPC is not permissible when the plaintiff's counsel is absent but the defendant is present and ready to proceed.

The appellant, Prabhudayal Pande, filed a First Appeal against an order dated 14.8.2014 passed by the 8th Joint Civil Judge (Sr.Dn.), Nagpur, in Speci...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The appellants, who were the plaintiffs in the original suit, filed a suit for declaration of title and permanent injunction in respect of suit proper...