Search Results for "Article 227 CPC"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
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Search Results for "Article 227 CPC"

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High Court

Gujarat High Court Quashes Attachment Order in Execution Proceedings Due to Lack of Notice Under Order 21 Rule 54 CPC. Petitioners' Property Attached Without Prior Notice Despite Being Third-Party Purchasers, Violating Principles of Natural Justice.

5 Mar 2026

The petitioners, Shashikant Arvindkumar Rajput and others, filed a petition under Article 227 of the Constitution of India challenging an order dated ...

High Court

Gujarat High Court Quashes Attachment Order in Execution Proceeding Due to Lack of Notice to Third-Party Purchasers. Attachment of properties purchased prior to decree set aside as executing court failed to issue notice under Order 21 Rule 54 CPC to bona fide purchasers.

5 Mar 2026

The petitioners, Shashikant Arvindkumar Rajput and others, filed a Special Civil Application under Article 227 of the Constitution of India before the...

High Court

Madras High Court Allows Revision Petition to Strike Off Plaint in Owners Association Dispute — Suit Barred by Tamil Nadu Apartment Ownership Act, 1994 and Specific Relief Act, 1963. Owners Association lacked authority to sue for common areas; proper remedy was under the Act or arbitration.

26 Feb 2026

The case involves a civil revision petition filed by Hiranandani Amalfi Owners Association (petitioner) under Article 227 of the Constitution of India...

High Court

High Court of Karnataka Allows Writ Petition to Restore Suit Dismissed for Default, Setting Aside Order That Rejected Restoration on Ground of Arbitration Agreement. Court holds that dismissal for default does not bar restoration and that the trial court must decide the application under Section 8 of the Arbitration and Conciliation Act, 1996 on merits.

25 Sep 2025

The petitioner, K. M. Dastagir Sab, filed a suit (O.S.No.1280/2020) before the II Additional Senior Civil Judge, Bengaluru Rural District, seeking rel...

High Court

Bombay High Court Dismisses Petition for Recasting of Issues in Tenancy Suit — No Error in Trial Court's Discretion. The Court held that the trial court's refusal to recast issues under Order XIV Rule 5 CPC was not perverse or arbitrary, as the proposed issues were already covered by existing issues.

21 Jul 2023

The petitioner, Mr. Jitendra B. Mehta, filed a suit (R.A.D. Suit No.804 of 2010) before the Small Causes Court at Bombay seeking a declaration of tena...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Amendment Application in Eviction Suit — Amendment Sought at Fag End of Trial Held Not Permissible as It Would Change Nature of Defence and Cause Prejudice.

17 Nov 2022

The dispute pertains to a suit for eviction filed by the original Plaintiff, Joanita Braganza, against the original Defendant, Stanislaus J.T. D'Souza...

High Court

High Court of Bombay Allows Bank to Rely on Additional Documents in Commercial Suit — Procedural Flexibility Under Order VIII Rule 1A CPC and Commercial Courts Act. The Court held that refusal to allow additional documents at the stage of evidence would cause irreparable prejudice to the defendant-bank, as the documents were relevant to the defence and the plaintiff could be compensated by costs.

10 Nov 2022

The petitioner, Bank of Baroda, was the defendant in a commercial suit filed by the respondent, Gujarat Cables and Enamelled Products Pvt. Ltd., for r...

Supreme Court

Supreme Court Dismisses Appeal Against High Court's Remand to Executing Court in Lease Renewal Dispute — Executing Court Must Determine Whether Decree Permitted Extension Beyond 2013. The High Court's exercise of revisional jurisdiction under Section 115 CPC was upheld as the Executing Court's order disposing of execution was final and no other remedy existed.

24 Sep 2019

The appellant, M/s Bagalkot Udyog Limited, was a lessee under the respondents pursuant to a lease deed dated 19.11.1952 for 30 years ending on 31.03.1...

High Court

Bombay High Court Allows Amendment of Written Statement Despite Commencement of Trial in Small Causes Suit — Due Diligence Requirement Under Order VI Rule 17 CPC Satisfied. The court held that the amendment was necessary for determining the real controversy and that the opposite party could be compensated by costs, thereby setting aside the orders of the Trial Court and Revisional Authority.

30 Jun 2017

The case arises from a civil suit filed by Respondent No.1 (Plaintiff) in the Small Causes Court, Pune, being Civil Suit No.371 of 2013, seeking relie...

High Court

Bombay High Court Allows Petition, Sets Aside Order 9 Rule 13 CPC Restoration in Specific Performance Suit. Defendant Failed to Show Sufficient Cause for Non-Appearance Despite Knowledge of Proceedings.

18 Sep 2012

The petitioner, Hemant Ganeshprasad Jaiswal, filed a suit for specific performance of an agreement for sale dated 6.2.2006 against the respondent, Mur...

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