Search Results for "Regular Civil Suit"

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Bombay High Court Allows Second Appeal and Decrees Suit for Possession Entirely in Favor of Original Plaintiff. Persons Named in Fraudulent Mutation Entries and Land Development Bank Are Not Necessary Parties Under Sections 47, 48, and 118(5) of the Maharashtra Cooperative Societies Act, 1960.

The second appeal before the Bombay High Court arose from a suit for declaration and possession of agricultural lands filed by the original plaintiff ...

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Karnataka High Court Sets Aside Order Restoring Ex-Parte Regular Appeal Filed by Defendant in Title Suit. Presumption of Service Under Section 27 of General Clauses Act, 1897 Stands Unrebutted as Power of Attorney Holder Lacked Personal Knowledge to Lead Evidence.

The Civil Revision Petition arose out of a title suit (O.S. No. 466/2011) filed by one Smt. Akkayamma seeking declaration of title and permanent injun...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Appellant Fails to Prove Agreement to Sell. Trial court's finding that no agreement was executed and no advance paid upheld; appeal dismissed with costs.

The appellant, Mr. Jagadish Poonja, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decre...

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High Court of Karnataka Dismisses Corporation's Appeal in Property Suit — Upholds Concurrent Findings of Possession and Title. The court held that the Corporation failed to prove its title over the suit property and that the plaintiff's long possession and tax receipts established his right to injunction.

The case involves a Regular Second Appeal filed by the Commissioner of the Corporation of City of Hubli-Dharwad under Section 100 of the Code of Civil...

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High Court of Karnataka Allows Appeal in Property Suit — Trial Court Erred in Rejecting Plaint Under Order VII Rule 11(d) CPC. Suit for Declaration of Title and Possession Not Barred by Limitation as Plaintiff Was in Possession Within 12 Years of Filing.

The appellant/plaintiff filed a suit for declaration of title and possession against the respondents/defendants in O.S.No.7993/2000 before the XVI Add...

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Injunction Suit Not Maintainable When Title Is Disputed

The High Court of Karnataka held that when title to immovable property is disputed, a suit for mere permanent or mandatory injunction is not maintaina...

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High Court of Karnataka Dismisses Appeal in Suit for Specific Performance and Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that a second appeal under Section 100 CPC is not maintainable against concurrent findings of fact unless substantial question of law arises.

The appellant, Mr. Jagadish Poonja, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decre...