Search Results for "legal representatives substitution"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor ...
Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment ...
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Search Results for "legal representatives substitution"

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High Court

Gujarat High Court Dismisses Condonation of Delay Application in Second Appeal Due to Unexplained Inordinate Delay of 1131 Days. Limitation Act, 1963 Section 5 Requires Sufficient Cause for Delay Beyond Control.

19 Feb 2026

The present case involves a Civil Application under Section 5 of the Limitation Act, 1963, filed in a pending Second Appeal before the Gujarat High Co...

High Court

High Court of Karnataka Quashes Order Setting Aside Abatement in Regular Appeal — Failure to File Application Within Limitation and Lack of Sufficient Cause for Delay Leads to Restoration of Abatement Order. The court held that the application to set aside abatement must be filed within the prescribed period of limitation under Order XXII Rule 4 CPC and Section 5 of the Limitation Act, 1963, and that the discretion to condone delay must be exercised judiciously.

25 Sep 2025

The petitioner, Smt. M. Girija, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 28.01.2021 passed by ...

High Court

Bombay High Court Dismisses Appeal Against Substitution of Plaintiffs in Property Suit Based on Will. Substitution of Legal Representatives Under Order 22 Rule 3 CPC Does Not Change Nature of Suit Even If Claim Is Through a Will and Involves Transposition of a Defendant.

26 Aug 2024

The appeal arose from a property dispute among family members of Late Haji Israr Alam Siddiqui. The appellant, Mujibur Rehman, is one of the sons of t...

Supreme Court

Supreme Court Dismisses Appeal in Adoption Dispute Due to Abatement — Conflict of Decrees Would Arise if Appeal Proceeded. Right to Sue Did Not Survive to Surviving Appellant Alone; Appeal Abated as a Whole Under Order XXII Rule 3 CPC.

7 May 2019

The Supreme Court dismissed an appeal arising from a suit challenging the validity of an adoption. The appellants, two brothers, had filed a suit seek...

Supreme Court

Supreme Court Dismisses Appeal as Abated in Part Due to Non-Substitution of Legal Heirs — Inconsistent Decrees Would Result if Remaining Appellants Succeed. The Court held that where defendants claim as co-owners with joint rights, abatement qua one defendant leads to abatement of the entire appeal under Order 22 Rules 4 and 9 CPC.

26 Apr 2019

The Supreme Court of India heard two civil appeals arising from a judgment of the High Court of Andhra Pradesh which confirmed a trial court decree in...

High Court

Bombay High Court Allows Second Appeal in Co-owner Property Dispute — Holds That Possession of Co-owner Is Not Adverse Without Ouster. The court ruled that the burden of proving ouster lies on the party claiming adverse possession, and the suit for declaration and possession was within limitation under Article 65 of the Limitation Act, 1963.

29 Oct 2015

The case involves a property dispute among co-owners. The appellants (original plaintiffs) filed a suit for declaration of title and possession of agr...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

29 Oct 2015

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, arising from a suit for declaration of ownership and injunct...

High Court

Bombay High Court Allows Landlord's Writ Petition in Rent Control Case — Appellate Court's Reversal of Eviction Decree Set Aside for Ignoring Evidence of Bona Fide Need and Default. The court held that the appellate court failed to properly consider the landlord's bona fide requirement and the tenant's default in payment of rent under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

8 Jan 2015

The petitioners, Subhash Narsopant Saundankar and Mangilal Laxman Saundankar, are the legal representatives of the original landlord Shantabai, who fi...

High Court

Bombay High Court Allows Civil Revision Application in Execution Proceedings — Decree Holder Cannot Seek Execution Against Legal Representatives Without Proper Substitution. The court held that execution against legal representatives of a deceased judgment-debtor without substituting them in place of the deceased is not maintainable under Order 21 Rule 22 of the Code of Civil Procedure, 1908.

14 Feb 2014

The case involves a civil revision application filed by the legal representatives of the original defendant (Sukhlal Bhivsan Dhobi) against the decree...

High Court

Bombay High Court Allows Appeal Against Transposition of Defendants as Plaintiffs in Abated Suit — Order I Rule 10 CPC Cannot Be Used to Circumvent Abatement Under Order XXII CPC. The court held that after the suit abated due to the death of the sole plaintiff, only her legal representatives could apply to set aside abatement, and defendants who were not legal representatives could not be transposed as plaintiffs.

4 Mar 2013

The case arises from a suit filed in 1993 by two plaintiffs, Sitabai and Mathurabai, seeking declarations regarding the invalidity of certain Release ...

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