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High Court of Karnataka Allows Revision Petition in Execution Proceedings for Specific Performance — Decree Holder Entitled to Enforce Compromise Award Despite Judgment Debtor's SC Status. Executing Court Cannot Go Behind Decree to Question Its Validity Under Karnataka SC/ST (PTCL) Act, 1978.

The petitioner, Shri Rahees Ahmed, was the decree holder in a suit for specific performance of an agreement of sale dated 10.01.2011 in respect of lan...

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Gujarat High Court Dismisses Appeal Against Rejection of Suit for Cancellation of Sale Deed Under Order 7 Rule 11 CPC. Suit for Cancellation of Sale Deed Barred by Limitation and Lacking Cause of Action as Sale Deed Executed with Full Consideration.

The appellant, Ghanshyambhai Kashibhai Chavda, filed a first appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment an...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Suit for Declaration and Possession — Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata

The applicants (defendants in the suit) filed a Civil Revision Application under Section 115 CPC challenging the trial court's order dated 30.09.2013 ...

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High Court of Bombay at Goa Allows Section 9 Petition for Interim Relief in Iron Ore Sale Dispute. Petitioner granted injunction restraining respondent from drawing on bank guarantees and ordered to maintain status quo on letter of credit.

The petitioner, M/s. Vedanta Limited (formerly Sesa Sterlite Ltd), a company engaged in extraction, sale and export of iron ore, entered into a Master...

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High Court of Karnataka Dismisses KSFC's Petition for Impleadment in Specific Performance Suit — Mortgagee Not a Necessary Party Under Order 1 Rule 10 CPC. Section 31E of SFC Act, 1951 Does Not Confer Right to Sue for Specific Performance of Third-Party Contracts.

The Karnataka State Financial Corporation (KSFC) filed writ petitions challenging the order of the II Additional Senior Civil Judge, Mangalore, dated ...

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High Court of Karnataka Dismisses Regular Second Appeal in Property Declaration Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Permanent Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession.

The appellants, plaintiffs in the original suit, filed a regular second appeal under Section 100 of the Code of Civil Procedure, 1908, against the jud...

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Supreme Court Hears Appeal on Applicability of Section 92 CPC to Wakf Deed Mixing Family and Charitable Purposes. Suit for Removal of Mutwalli Without Advocate-General's Sanction Raises Question on Scope of Section 92 of Code of Civil Procedure, 1908.

This appeal before the Supreme Court of India arose out of a suit filed by Sugra Bibi, the widow of a deceased joint Mutwalli, seeking the removal of ...