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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Property Dispute. Court holds that Order 7 Rule 11(d) CPC requires the plaint to be read as a whole and the defence cannot be considered for deciding whether the suit is barred by law.

The petitioners, original defendants, filed a Civil Revision Application under Section 115 CPC challenging the order dated 26.04.2011 passed by the Ci...

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High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

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High Court of Karnataka Hears Appeal Against Dismissal of Suit for Permanent Injunction Involving Temple Dispute. Plaintiffs Sought Injunction to Restrain Interference with Possession of Temple Premises in Residential Complex.

The appeal under Section 96 read with Order XLI of the Code of Civil Procedure, 1908 was filed against the judgment and decree dated 09.09.2016 passed...

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Karnataka High Court Decides Regular First Appeal Arising from Dismissal of Suit for Declaration of Property Ownership. Property Originally Allotted to a Swamiji Under Mysore Government Scheme and Later Subject to Litigation Over Inheritance and Alleged Fraud.

The appeal arose from the dismissal of a suit for declaration of ownership of immovable property situated in Bangalore. The original plaintiff, C.R. H...

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KAHC010480352008_1

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High Court of Karnataka Considers Regular Second Appeal Against First Appellate Order Setting Aside Decree for Name and Caste Correction. First Appellate Court Set Aside Trial Court Decree Holding Suit Not Maintainable, and the High Court Examines Jurisdictional Questions.

The litigation arose when a minor plaintiff, through his father as guardian, filed a suit seeking a declaration that his correct name was 'Aarush' and...

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KAHC010085932008_1

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Supreme Court Dismisses Appeal Claiming Private Temple Ownership — Revenue Entries Do Not Confer Title Without Document of Title. The Court held that the plaintiff failed to prove the temple was private and that revenue entries alone cannot establish ownership under Section 100 CPC.

The appellant, Ramesh Das (since deceased, represented by legal representatives), filed a civil suit for declaration and perpetual injunction claiming...