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High Court of Karnataka Quashes Trial Court Decree in Suit for Declaration — Petitioner Granted Opportunity to File Written Statement. Failure to File Written Statement Does Not Automatically Entitle Plaintiff to Judgment Under Order VIII Rule 10 CPC.

The petitioner, Sri Raja R, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 22.02.2022 passed by the X...

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High Court of Karnataka Dismisses Second Appeal in Property Declaration Suit — Concurrent Findings of Ownership Based on Will Upheld. Court holds that concurrent findings of fact cannot be interfered with under Section 100 CPC unless perverse or based on no evidence.

The Regular Second Appeal was filed by the defendant-appellant against the concurrent judgment and decree of the Trial Court and First Appellate Court...

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Madras High Court Allows Writ Petition of Town Panchayat Challenging Refusal to Register Gift Deed. Sub-Registrar's Refusal Based on Non-Registration of Executant Association Held Without Jurisdiction Under Registration Act, 1908.

The petitioner, the Executive Officer of Melachokkanathapuram Town Panchayat, filed a writ petition under Article 226 of the Constitution of India cha...

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High Court of Karnataka Allows Writ Petition Seeking Registration of Sale Certificate Under SARFAESI Act. Sub-Registrar Directed to Register Sale Certificate Despite Pending Civil Suit as Section 89(4) of Registration Act, 1908 Mandates Registration.

The petitioner, Sri T. Bharathgowda, purchased a property at an auction conducted by Canara Bank (respondent No.3) under the Securitisation and Recons...

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Bombay High Court Allows Second Appeal in Suit for Reconveyance Based on Conditional Sale Deed — Agreement to Reconvey Not Proved. Court holds that the burden of proving an oral agreement to reconvey lies on the party asserting it, and failure to discharge that burden results in dismissal of the suit.

The case involves a second appeal filed by the defendants against the judgment and decree of the II Additional District Judge, Beed, dated 17.09.1994,...

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Supreme Court Allows Appeal in Specific Performance Case, Reversing High Court's Setting Aside of Concurrent Findings. High Court Erred in Holding Plaint Lacked Specific Averments Under Section 16(c) of Specific Relief Act, 1963, as Readiness and Willingness Must Be Inferred from Plaint as a Whole.

The dispute arose from an agreement to sell executed on 10.10.1976 by Ram Singh in favor of Sughar Singh for a sale consideration of Rs.56,000, with R...