Search Results for "plaintiff's residence"

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Search Results for "plaintiff's residence"

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High Court

Bombay High Court Allows Appeal Against Remand Order in Rent Suit — Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23 CPC by Remanding Without Setting Aside Findings on Jurisdictional Fact. The Appellate Court's direction to re-register the suit under ordinary civil jurisdiction was without authority as the trial court had decreed the suit under the Maharashtra Rent Control Act, which is within the exclusive jurisdiction of the Small Causes Court.

18 Aug 2023

The appellants, who were the original plaintiffs, filed Regular Civil Suit No.97 of 2007 before the Civil Judge, Junior Division, Kopargaon, seeking p...

High Court

Bombay High Court Allows Appeal in Property Dispute — Consent Terms Not Binding on Applicants Under Order 21 Rule 99 CPC. Court holds that applicants who were not parties to consent terms are entitled to restoration of possession or alternative accommodation.

8 Apr 2005

The case involves an appeal filed by the plaintiffs (appellants) against an order of a learned single Judge in a Chamber Summons taken out by Responde...

High Court

Bombay High Court Dismisses Appeal in Property Dispute Between Mother and Son — Upholds Injunction Against Alienation of Suit Property. The court held that a mother who is a co-owner and in possession of the property is entitled to protect her right of residence and prevent dispossession by her son and his family.

16 Apr 2015

The dispute arose between Smt. Vasanti Rama Shetty (the respondent/original plaintiff), a 76-year-old widow, and her son Shri Premnath Rama Shetty alo...

High Court

Bombay High Court Allows Appeal Against Dismissal of Suit for Want of Prosecution Due to Non-Service of Defendants — Court Holds That Dismissal Under Order IX Rule 5 CPC Requires Willful Default or Negligence, Not Mere Failure to Serve. The court restored the suit, emphasizing that the plaintiffs had made efforts to serve the defendants and had filed a Chamber Summons for substituted service, which was pending.

29 Jan 2018

The appellants, M/s. Jain Developers and others, filed Suit No. 2808 of 2008 in the Bombay High Court seeking a declaration that there was a valid and...

High Court

Karnataka High Court Partially Allows Appeal in Partition Suit Involving Joint Family Property — Daughters Granted Equal Share as Sons Under Hindu Succession Act, 1956. The court held that daughters are entitled to equal share in coparcenary property and that the Will executed by the father was not validly proved.

10 Oct 2019

The case involves a partition suit filed by the respondents (sons) against the appellants (daughters and others) seeking partition and separate posses...

High Court

Karnataka High Court Partially Allows Appeal in Partition Suit Involving Joint Family Property — Daughters Granted Equal Share as Sons Under Hindu Succession Act, 1956. The court held that the 2005 amendment to Section 6 of the Hindu Succession Act, 1956, granting daughters coparcenary rights, applies retrospectively to pending suits, and daughters are entitled to equal share in joint family property.

10 Oct 2019

The case involves a partition suit filed by the respondents (plaintiffs) against the appellants (defendants) seeking partition and separate possession...

High Court

Karnataka High Court Allows Appeal of Daughters in Partition Suit — Upholds Equal Share in Ancestral Property. Daughters Held Entitled to Coparcenary Rights Under Section 6 of Hindu Succession Act, 1956, Despite Non-Joinder of Some Parties.

10 Oct 2019

The case pertains to a partition suit filed by the daughters of B.R. Krishnamurthy Rao seeking a share in the joint family property. The plaintiffs, S...

High Court

Karnataka High Court Allows Appeal in Property Declaration Suit — Finds Trial Court Erred in Decreeing Suit Without Proper Consideration of Evidence. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession.

29 Aug 2013

The appeal arises from a judgment and decree dated 16.01.2006 passed by the Civil Judge (Sr.Dn.), Doddaballapur, in OS No.275/2002 (old No.76/2001), d...

High Court

Bombay High Court Examines Executability of Civil Court Decree in Light of Purchase Certificates Issued Under Bombay Tenancy and Agricultural Lands Act. Decree for Joint Possession Challenged by Judgment-Debtors Claiming Ownership Under Section 32M of the Tenancy Act, Rendering Decree Inexecutable.

7 Oct 2006

The Bombay High Court entertained a writ petition arising from the order dated 28.7.1986 of the Civil Judge, Junior Division, Islampur, rejecting an a...

High Court

High Court Hears Petitions Under Section 34 of Arbitration Act Against Awards Passed Under Multi-State Cooperative Societies Act in Loan Recovery Matter. Bank's Claim for Defaulted Loan Allowed by Arbitrator After Cooperative Court Returned Plaint for Want of Jurisdiction Following Conversion to Multi-State Bank.

2 Apr 2013

The judgment (or portion thereof) involves four arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challengin...

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