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Bombay High Court Dismisses Petitioner's Challenge to Rejection of Plaint and Amendment in Specific Performance Suit — Consent Decree Not Binding on Third Party. Plaint Disclosed Cause of Action and Limitation Was a Mixed Question of Fact and Law.

The petitioner, Bharat Mulji Khona, was the defendant in a suit for specific performance filed by M/s. Fiza Construction Company (respondent no.1) see...

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High Court of Karnataka Allows Appeal in Property Suit — Rejection of Plaint Under Order VII Rule 11 CPC Set Aside. Court holds that a suit for declaration and injunction is not barred by limitation when the plaintiff is in possession and the cause of action is continuous.

The appellant, defendant Nos. 1 to 3 in the original suit, challenged the order of the First Appellate Court which had reversed the Trial Court's orde...

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High Court of Karnataka Allows Appeal in Property Suit — Rejection of Plaint Under Order VII Rule 11 CPC Set Aside. Court holds that a suit for declaration and injunction is not barred by limitation when the plaintiff is in possession and the cause of action is continuous.

The appellant, defendant Nos.1 to 3 in the original suit, challenged the order of the First Appellate Court which had set aside the Trial Court's orde...

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High Court of Karnataka Allows Second Appeal in Injunction Suit — Rejection of Plaint Set Aside. Plaint Discloses Cause of Action and Is Not Barred by Limitation Under Order VII Rule 11(d) CPC.

The appellant, M/s. Shree Garodi Steels, filed a suit for permanent injunction against the respondent, M/s. Yojaka India Private Ltd., in O.S. No. 739...

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High Court of Karnataka Allows Writ Petition, Quashes Order Dismissing Application for Return of Plaint for Lack of Territorial Jurisdiction. Plaint Fails to Disclose Cause of Action Under Section 20 CPC, Order VII Rule 10 CPC.

The petitioner, M/s. Sekar Poultry Feeds (an unregistered firm represented by its proprietor Chettiarhan Kandaramy), was the defendant in Commercial O...