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High Court of Karnataka Quashes Order in Partition Suit Execution Proceedings for Non-Compliance with Order XX Rule 18 CPC. Decree Not Drawn in Terms of Compromise, Execution Petition Held Not Maintainable.

The petitioners, who were plaintiffs in a partition suit (O.S.No.114/1990), filed a writ petition under Articles 226 and 227 of the Constitution of In...

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High Court of Karnataka Quashes Compromise Decree in Title Suit Due to Fraud and Fabrication — Lok Adalat Decree Set Aside as Collusive and Without Proper Verification. Compromise Decree Obtained by Fraud is a Nullity and Can Be Challenged Under Article 227 of the Constitution of India.

The petitioner, Smt. Padmavati, originally filed a writ petition challenging a compromise decree dated 27.09.2010 passed in O.S. No.243 of 2010 on the...

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Bombay High Court Dismisses Petitions Challenging Concurrent Findings in Suit for Possession and Mesne Profits — Suit for Possession and Mesne Profits Dismissed as Barred by Limitation and Res Judicata

The petitioners (original plaintiffs) filed a suit for possession and mesne profits against the respondents (original defendants) in respect of agricu...

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High Court Quashes Lok Adalat Award Filed by Non-Guardian of Minor, Remands Claim Petition. Absence of Proper Representation of Minor Vitiated Compromise, and Compensation Was Not Determined as Per Law.

A minor child and her paternal grandmother (as next friend) approached the High Court under Articles 226 and 227 of the Constitution and Section 173(1...

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Bombay High Court Dismisses Tenants' Revision in Eviction Suit Based on Bona Fide Requirement — Concurrent Findings of Courts Below Upheld. Subsequent Induction of New Tenant in Adjacent Shop Not Relevant as It Was Not Part of Suit Property.

The case involves a suit for eviction filed by the owners (plaintiffs) against the tenants (defendants) in respect of two shops, on the ground of bona...