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Search Results for "amended plaint"

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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...

High Court

High Court of Karnataka Allows Amendment of Plaint in Partition Suit — Liberal Approach to Amendment Under Order VI Rule 17 CPC. Amendment sought to include additional properties and correct description of existing properties, held to be necessary for determination of real controversy between parties.

29 May 2019

The petitioner-plaintiff filed a suit for partition in O.S.No.62/2010 before the Senior Civil Judge and J.M.F.C, Channagiri. During the pendency of th...

High Court

High Court of Karnataka Allows Correction of Clerical Errors in Decree Under Sections 152 and 153 CPC — Petition to Quash Rejection of Application for Amendment in Final Decree Proceedings Allowed. The court held that the trial court has inherent power to correct clerical mistakes at any time and set aside the rejection order.

5 Jul 2019

The petitioners, who were plaintiffs in O.S.No.129/1994, filed an application under Sections 152 and 153 of the Code of Civil Procedure, 1908 (CPC) in...

High Court

Gujarat High Court Quashes Trial Court Order Rejecting Amendment in Suit for Specific Performance — Amendment Sought to Add Alternative Relief of Damages Held Not to Change Nature of Suit. The court held that adding an alternative relief of damages in a suit for specific performance does not change the nature of the suit and that the due diligence requirement under Order VI Rule 17 CPC applies only after trial has commenced.

24 Mar 2026

The petitioner, original plaintiff in Regular Civil Suit No.315 of 2019 pending before the 4th Additional Civil Judge, Bharuch, filed a Special Civil ...

High Court

Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Specific Performance Suit. Amendment Allowed Under Order VI Rule 17 CPC as No Prejudice Caused to Defendants.

30 Aug 2018

The petitioners, Amartya Deshmukh (minor) and Haribhau Deshmukh, filed a writ petition challenging the order dated 07-01-2017 passed by the learned Di...

High Court

High Court of Karnataka Allows Daughter's Partition Appeal Against Brother and Mother, Holding Father's Properties as Self-Acquired and Not Ancestral. Daughter Entitled to Equal Share Under Section 8 of Hindu Succession Act, 1956 as Will Not Proved.

20 Dec 2019

The appellant, M. Shobha, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree date...

High Court

High Court of Karnataka Upholds Decree for Specific Performance of Agreement of Sale — Plaintiff's Readiness and Willingness Established. Agreement dated 12.08.2004 for sale of property for Rs.75 lakhs with advance of Rs.10 lakhs; defendant failed to execute sale deed; trial court decree upheld.

31 Mar 2016

The case involves a suit for specific performance of an agreement of sale dated 12.08.2004 for a property in Seegehalli Village, Bengaluru. The plaint...

High Court

Karnataka High Court Allows Appeal Against Rejection of Plaint in Partition Suit — Limitation and Res Judicata Cannot Be Decided Under Order 7 Rule 11 CPC Without Trial

6 Mar 2015

The appellants, who were the plaintiffs in the original suit, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC)...

High Court

High Court of Karnataka Dismisses Revision Petition in Caste Correction Suit — No Error Apparent on Face of Record for Amendment Under Section 152 CPC. Application to correct cause title of judgment and decree dismissed as no clerical or arithmetical mistake existed.

3 Jun 2015

The petitioner, Santosh Munavalli, filed a civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC), challenging the order...

High Court

High Court of Karnataka Dismisses Second Appeal in Gift Deed Cancellation Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. The court held that the appellants failed to raise any substantial question of law, and the concurrent findings of the courts below regarding the validity of the gift deed and the plaintiff's lack of title were upheld.

22 Jul 2015

The appellants, legal representatives of the original plaintiff Smt. Subbamma, filed a Regular Second Appeal under Section 100 of the Code of Civil Pr...

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