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Search Results for "amended plaint"

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High Court

High Court of Karnataka Allows Amendment of Plaint in Civil Suit — Due Diligence Test Under Order 6 Rule 17 CPC Not Applicable Before Commencement of Trial. Trial Court Erred in Rejecting Amendment Application on Ground of Lack of Due Diligence When Trial Had Not Commenced.

16 Dec 2025

The petitioners, plaintiffs in a civil suit (O.S. No. 188/2015) pending before the Additional Civil Judge and JMFC, Hungund, filed an application (IA ...

High Court

High Court of Karnataka Allows Appeal in Service Matter — Appellant Institution Succeeds in Proving Lack of Employer-Employee Relationship. The respondent failed to establish his employment with the appellant, leading to dismissal of the suit for declaration and injunction.

1 Mar 2013

The appellant, The Chairman The State Government Employees Shikshana Sangha, Laxmi Complex, Neeligin Road, Hubli, represented by its Principal, filed ...

High Court

High Court of Judicature at Bombay Disposes Appeal Against Single Judge’s Order in Arbitration Petition Arising from Share Purchase and Development Agreements. The dispute concerned termination of agreements, escrow arrangements, and obligations for transfer of shares and development rights in Regency Hotels Private Limited.

22 Sep 2017

The appeal arises from a judgment and order of a learned Single Judge dated 24 April 2015 passed in Arbitration Petition No.846 of 2014. The dispute i...

High Court

Karnataka High Court Allows Plaintiff to File Rejoinder to Amended Written Statement Under Order 8 Rule 9 CPC — Trial Court's Rejection of Amendment Application Set Aside. Plaintiff Entitled to File Additional Pleading When Written Statement is Amended, Though Not Specifically Defined in CPC.

15 Jun 2015

The petitioners, plaintiffs in O.S. No.39/2013 before the Senior Civil Judge Court at Challakere, filed writ petitions under Articles 226 and 227 of t...

Supreme Court

Supreme Court Allows Specific Performance Appeal in Land Sale Dispute — Agreement to Sell Valid Despite Non-Registration and Subsequent Alienation. The court held that the appellants paid full consideration, took possession, and were ready and willing; subsequent sale deeds executed in violation of injunction are void.

12 Nov 2024

The dispute pertains to six suits for specific performance of an Agreement to Sell dated 30.08.1990 executed by Sushila Devi in favour of the appellan...

High Court

Bombay High Court Grants Interim Injunction Restraining Construction in Property Dispute Among Family Members. Alleged Breach of Development Agreement and Illegal Construction on Common Property Leads to Status Quo Order.

26 Apr 2022

The dispute arises out of a family arrangement among the Motwane family members regarding a larger property at Khar, Mumbai. On 31st March, 1990, the ...

High Court

Bombay High Court Allows Amendment to Plaint in Property Dispute Due to Subsequent Dispossession. Amendment Based on Events After Issues Framed Is Permissible Under Order 6 Rule 17 CPC Despite Delay.

7 Feb 2012

The petitioner, Dela Gurudal Vanjari, filed a suit in 2005 seeking a declaration that a mutation entry was illegal and for an injunction against the r...

High Court

Bombay High Court Dismisses Revision Against Rejection of Application to Dismiss Suit in Religious Services Dispute — Civil Court Jurisdiction Upheld for Property Rights Despite Religious Nature of Dispute. The court held that a suit seeking reliefs regarding religious services in a private chapel is not barred by Section 9 CPC as it involves civil rights such as property and donations.

30 Aug 2013

The case involves a civil revision application filed by the Parish Priest of St. Andrew's Church, the Archdiocese of Goa and Daman, and the Secretaria...

High Court

Bombay High Court Allows Impleadment of Legal Heirs in Suit for Declaration and Injunction — Amendment Sought at Final Stage Allowed to Avoid Multiplicity of Litigation. The court held that Order 1 Rule 10(2) CPC permits impleadment of necessary parties at any stage to effectuate complete adjudication and avoid multiplicity.

23 Sep 2014

The petitioners, original plaintiffs, filed a suit for declaration and injunction contending that a sale deed executed in favor of deceased Vijay Josh...

High Court

Bombay High Court Dismisses Developer's Suit for Specific Performance and Injunction Against Cooperative Housing Society and Members — No Agreement of Sale Established, Suit Barred by Limitation. The court held that the plaintiff failed to prove any valid agreement for sale of flats, and the suit was time-barred under Article 54 of the Limitation Act, 1963.

10 Nov 2014

The plaintiff, Vardhaman Developers Limited, filed a suit for specific performance of an alleged oral agreement for sale of flats in a cooperative hou...

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