Search Results for "notice under CPC"

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Search Results for "notice under CPC"

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High Court

Madras High Court Allows Appeal by Decree-Holder in Specific Performance Execution, Setting Aside Executing Court's Order Allowing Third-Party Claim Under Order XXI Rule 58 CPC. Application Under Order XXI Rule 58 CPC Held Not Maintainable in Execution for Possession Without Attachment, and Successive Application Barred by Res Judicata.

30 Mar 2026

The appellant, V.M.Tamilselvan, was the plaintiff-decree holder in a suit for specific performance (O.S.No.622 of 2010) based on an agreement of sale ...

High Court

High Court of Karnataka Allows Refund of Court Fee Upon Withdrawal of Suit Under Order XXIII Rule 1(3) CPC — Petitioner Entitled to Refund of Court Fee Deposited at Time of Filing. The court held that the proviso to Order XXIII Rule 1(3) CPC mandates refund of court fee when a suit is withdrawn unconditionally, and the trial court's rejection of the refund application was erroneous.

19 Aug 2025

The petitioner, Bindu Balakrishna Patali, filed a suit (Com. O.S. 150/2024) before the LXXXIX Additional City Civil and Sessions Judge, Commercial Cou...

High Court

High Court of Karnataka Upholds Trial Court Order Striking Out Defence for Non-Compliance with Conditional Order Under Order VIII Rule 1 CPC. Failure to Pay Costs and File Written Statement Within Extended Time Leads to Automatic Striking Out of Defence.

8 Jul 2025

The petitioners, Mr. Venugopal Krishnamurthy and Mrs. Poorna Venugopal, filed a writ petition under Article 227 of the Constitution of India challengi...

High Court

ARBITRATION PETITION (L) NO. 1793 OF 2013

1 Jan 1970

...

High Court

Karnataka High Court Considers Writ Petition Against Rejection of Obstruction Application in Execution Proceedings. Execution Court Dismissed Application Under Order XXI Rule 97 Without Enquiry, Allegedly Violating Order XXI Rule 101 CPC.

13 Dec 2024

The petitioner, a third party objecting to the execution of a decree for vacant possession, challenged the order of the Principal Civil Judge and JMFC...

High Court

High Court of Bombay at Nagpur Dismisses Bank's Revision Against Order Rejecting Application Under Order 7 Rule 11 CPC in Recovery Suits — Held That Plaint Discloses Cause of Action and Is Not Barred by Law. The court upheld the trial court's finding that the suits based on invocation of bank guarantees were within limitation and disclosed a cause of action.

5 Jun 2023

The present judgment arises from two Civil Revision Applications filed by the Regional Manager and Assistant General Manager of Union Bank of India (o...

High Court

High Court of Karnataka Allows Appeal in Execution Proceedings — Order XXI Rule 58 CPC Claim Dismissed as Not Maintainable Due to Prior Attachment and Lack of Possession. The court held that a claim petition under Order XXI Rule 58 CPC is not maintainable when the property was attached before judgment and the claimant was not in possession at the time of attachment.

23 May 2018

The appellant, Swamy H.L., filed a Regular Second Appeal under Section 100 CPC against the judgment and decree dated 19.09.2008 passed by the First Ap...

High Court

High Court of Karnataka Allows Writ Petition Challenging Rejection of Application to File Written Statement Beyond Limitation in Suit for Specific Performance. Court holds that Order 8 Rule 1 CPC is directory and not mandatory, and that delay in filing written statement can be condoned on payment of costs if no prejudice is caused to the plaintiff.

10 Jun 2025

The petitioner, Smt. Kusuma Kumari, represented by her General Power of Attorney holder, filed a writ petition under Article 227 of the Constitution o...

High Court

High Court of Karnataka Passes Order in Writ Petition by Company Challenging Rejection of Application Under Industrial Park Scheme, 2002. Petitioner's Application Dated 15.12.2006 Under IPS 2002 Was Rejected on Ground That Scheme Expired on 31.03.2006.

17 Sep 2024

The petitioner, a private limited company, proposed to set up an industrial park named 'Salarpuria Touch Stone' in Bangalore under a Joint Development...

High Court

High Court of Karnataka Quashes Order Allowing Impleadment in Regular Appeal — Assignment of Decree Without Court Permission Invalid Under Order 22 Rule 10 CPC. The court held that any assignment or creation of interest pendente lite requires prior permission of the court under Order 22 Rule 10 CPC, and without such permission, the assignee cannot be impleaded as a party.

23 Jun 2026

The petitioners, who were plaintiffs No.2 to 6 in a suit, filed a Regular Appeal (R.A.No.31/2022) before the Principal Senior Civil Judge and CJM at R...

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