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...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Article 227 CPC"

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High Court

High Court of Karnataka Quashes Interim Maintenance Order in Partition Suit — Married Sisters Not Entitled to Maintenance from Brother Under CPC Section 151. Interim maintenance cannot be granted to married sisters in a partition suit when they have also claimed mesne profits, as the remedy lies in claiming mesne profits or separate maintenance under personal law.

25 Nov 2025

The case involves a writ petition filed by the defendant (brother) challenging an order of the Civil Judge and JMFC, Yelburga, dated 02.03.2024, in O....

High Court

High Court of Karnataka Allows Transposition of Defendant as Plaintiff in Partnership Dissolution Suit Under Order XXIII Rule 1A CPC. The court held that a defendant with a substantial interest in the suit can be transposed as plaintiff when the original plaintiff seeks withdrawal after a preliminary decree.

15 Feb 2021

The case involves a suit for dissolution of partnership and rendition of accounts filed in 1986. A preliminary decree for dissolution was passed on 31...

High Court

Karnataka High Court Quashes Condonation of 1137-Day Delay in Appeal Filing Under Order XLI Rule 3A CPC — Delay Not Sufficiently Explained, Costs Not Imposed. The court held that the lower appellate court's order condoning inordinate delay without sufficient cause and without imposing costs was perverse and liable to be set aside.

4 Jul 2019

The petitioners, who were the respondents in an appeal (R.A. No. 22/2017) before the II Additional District and Sessions Judge, Mandya, challenged the...

High Court

Karnataka High Court Allows Writ Petition by Third Party Against Execution of Money Decree by Arrest of Director of Judgment-Debtor Company. Principle of Separate Legal Entity of Company Prevents Execution Against Directors Unless Personal Liability Established Under Order 21 Rule 37 CPC.

28 Jun 2019

The petitioner, Shashikanth Govindalal Mandanna, who was not a party to the original suit, filed a writ petition under Article 227 of the Constitution...

High Court

High Court of Bombay at Goa Dismisses Writ Petition Challenging Execution Proceedings — Section 47 CPC Application Properly Rejected as Decree Was Executable Against Judgment Debtors.

3 Apr 2019

The petitioners, original judgment debtors, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 29/01/2018...

High Court

Bombay High Court Allows Leave to Omit Relief in Partition Suit Under Order 2 Rule 2(3) CPC — Trial Court Erred in Considering Merits of Partition Claim at Leave Stage. The court held that the question of whether the petitioners are coparceners or entitled to partition is irrelevant for deciding an application under Order 2 Rule 2(3) CPC.

8 Jan 2018

The petitioners, Smt. Nikita Manohar More and Ms. Priyanka Baban Patil, filed a Writ Petition under Article 227 of the Constitution of India challengi...

High Court

High Court of Karnataka Quashes Impleadment Order in Specific Performance Suit — Proposed Defendant Not a Necessary Party Under Order I Rule 10(2) CPC. The court held that a person claiming to be a subsequent purchaser without any document of title cannot be impleaded in a suit for specific performance as it would change the nature of the suit.

9 Nov 2017

The petitioner, N. Jagannatha Reddy, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 17.04.2015 passe...

High Court

Bombay High Court Allows Writ Petition Challenging Interim Orders Under Section 9 of Arbitration Act — Orders Set Aside for Non-Compliance with Mandatory Pre-Arbitration Procedure. The court held that the learned Principal District Judge lacked jurisdiction to grant interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, as the applicant failed to comply with the mandatory pre-arbitration conciliation procedure agreed upon in the contract.

6 Jun 2017

The petitioners, Mineira Nacional Limitada and others, filed a writ petition challenging two orders dated 13.01.2016 and 29.11.2016 passed by the lear...

High Court

Bombay High Court Allows Amendment of Plaint and Impleadment of Parties in Property Dispute — Amendment Sought Before Commencement of Trial Allowed as No Prejudice Caused. Order VI Rule 17 CPC permits liberal amendment before trial; impleadment under Order I Rule 10 CPC allowed for complete adjudication.

1 Aug 2014

The plaintiffs, Sharayu Ramkrishna Mhatre and Anjali Deepak Karnik, filed a suit (Suit No. 1964 of 2012) in the Bombay High Court seeking a declaratio...

High Court

Bombay High Court at Goa Dismisses Petition Challenging Impleadment of Co-Owner in Suit for Declaration and Injunction — Co-Owner Held to be Necessary Party Under Order 1 Rule 10 CPC. The court upheld the trial court's order allowing impleadment of a co-owner who allegedly obtained a trade licence by fraud, as his presence is essential for effective adjudication.

25 Mar 2014

The petitioners, Premanand Gajanan Naik and his wife Premila Premanand Naik, filed a writ petition challenging an order dated 20.12.2013 passed by the...

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