Search Results for "Article 227 CPC"

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High Court of Gujarat Dismisses Review Application in Property Suit — No Error Apparent on Record. Review under Section 114 CPC read with Order XLVII Rule 1 CPC is not an appeal; mere disagreement with findings does not warrant review.

The present application was filed by the heirs of deceased Mahendrabhai Lallubhai Patel and others (original petitioners/defendants) under Section 114...

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Bombay High Court Allows Writ Petition Seeking Enforcement of RERA Order and Grants Interim Relief of Deposit and Injunction Against Developer. RERA Order Directing Refund of Investment with Interest Must Be Complied With by Revenue Authorities and Developer.

The petitioner, Rustam Phiroze Mehta, filed a writ petition seeking enforcement of an order dated 15th April 2019 passed by the Maharashtra Real Estat...

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High Court of Karnataka Dismisses Auction Purchaser's Writ Petition Challenging Rejection of Interest Claim on Fixed Deposit in Execution Proceedings. Court holds that interest on fixed deposit cannot be claimed under Section 151 CPC without specific provision in the decree or order.

The petitioner, Sri S.R. Venkatesh Babu, was the auction purchaser of a portion of the subject property in Execution Petition No.2420/2002 pending bef...

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High Court of Karnataka Dismisses Plaintiff's Writ Petition in Specific Performance Suit — Rejection of Notice to Admit Documents Upheld. Trial Court's Discretion Under Order XII Rule 2 CPC Not Interfered With as Plaintiff Failed to Show That Documents Were Admitted or That Rejection Caused Prejudice.

The petitioner-plaintiff filed a suit for specific performance of a contract for sale of property, seeking to direct the defendants to accept the bala...

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High Court of Karnataka Dismisses Writ Petitions Challenging Rejection of Condonation of Delay in Land Dispute Appeal. Delay of 1,000 Days in Filing Appeal Under Section 96 CPC Not Sufficiently Explained, No Interference Under Article 227.

The petitioners, who were the defendants in O.S. No. 48/2006 on the file of the Civil Judge (Jr.Dn.) at Periyapatna, filed an appeal under Section 96 ...

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High Court of Bombay at Goa Allows Amendment of Written Statement to Include Set-Off Plea in Civil Suit — No Prejudice to Plaintiff as Issues Not Yet Framed. Amendment Sought After 7 Years of Filing Written Statement Held Permissible Under Order VI Rule 17 CPC as Trial Had Not Commenced.

The petitioner, M/s. Reliance Enterprises, filed a writ petition challenging an order dated 30.11.2013 passed by the Civil Judge, Senior Division, Mar...

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Karnataka High Court Quashes Order Allowing Amendment in Final Decree Proceedings to Include Property Not Part of Original Suit — Amendment Under Order VI Rule 17 CPC Not Permissible After Decree Has Attained Finality.

The petitioner, the 2nd defendant in a partition suit, challenged the trial court's order allowing an application under Order VI Rule 17 of the Code o...