Search Results for "Order XLIII CPC"

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Search Results for "Order XLIII CPC"

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High Court

Madras High Court Allows Appeal in Commercial Dispute Over Attachment of Property Before Judgment — Order XXI Rule 46 CPC Not Applicable to Original Suits, But Court Grants Relief Under Order XXXVIII Rule 5 CPC. The court held that an application under Order XXI Rule 46 CPC is not maintainable in an original suit, but the plaintiff can seek attachment before judgment under Order XXXVIII Rule 5 CPC if the defendant intends to obstruct or delay execution.

2 Apr 2026

The appellant, Radiance Realty Developers India Limited, filed a suit against the respondent, M. Rekha, for recovery of Rs.41,42,871/- based on a cons...

High Court

Madras High Court Allows Revision Petition Under Article 227 Against Dismissal of Application Under Order XLI Rule 19 CPC — Maintainability Upheld Despite Availability of Appeal Under Order XLIII Rule 1(t) CPC. First Appellate Court Erred in Deciding Appeal on Merits Instead of Dismissing for Non-Prosecution Under Order XLI Rule 17 CPC.

30 Jan 2026

The revision petitioner, Thulasi Naicker, was the plaintiff in O.S.No.166 of 2002 before the District Munsif Court, Chengalpet, which was dismissed on...

High Court

Bombay High Court Allows Appeal Against Trial Court's Refusal to Deliver Judgment in Suit for Declaration of Share Under Muslim Personal Law. Trial Court Directed to Decide Suit on Merits Within Three Months.

12 Oct 2022

The appellants-plaintiffs filed a suit in the City Civil Court, Mumbai, seeking a declaration of their ½ share in the assets of a deceased person und...

Supreme Court

Supreme Court Quashes Division Bench Order in Trade Mark Infringement Suit Due to Non-maintainable Intra-court Appeal. The Single Judge's Order Granting Time to File Affidavit-in-Opposition Was Not a 'Judgment' Under Clause 15 of Letters Patent, Making the Appeal Inadmissible.

14 Mar 2022

The dispute arose from a civil suit filed by the respondent-plaintiff against the appellant-defendants for infringement of the registered trade mark '...

High Court

High Court of Karnataka Dismisses Appeal in Arbitration Matter — Appeal Against Order Under Section 34 of Arbitration Act Not Maintainable Under Commercial Courts Act. The court held that the remedy of appeal against an order under Section 34 of the Arbitration and Conciliation Act, 1996 lies under Section 37 of that Act, and not under Section 13(1) of the Commercial Courts Act, 2015.

11 Feb 2021

The case involves an appeal filed under Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts A...

High Court

High Court of Karnataka Dismisses Writ Petition as Withdrawn with Liberty to File Miscellaneous Appeal Under Order XLIII Rule 1 CPC — Petitioner Allowed to Pursue Alternative Remedy Against Order Dismissing IA II in Civil Appeal.

9 Jul 2020

The petitioner, Sri. Sadananda, filed a writ petition under Article 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, ...

High Court

High Court of Karnataka Dismisses Petitions Challenging Rejection of Temporary Injunction in Suit for Permanent Injunction — Held That Order of Rejection Is Not Appealable Under Order XLIII Rule 1(r) CPC as It Does Not Amount to Refusal of Injunction Under Order XXXIX Rule 1 or 2 CPC.

22 Mar 2019

The petitioners filed two writ petitions challenging the order of the Senior Civil Judge, Jamkhandi, dated 18.01.2018, rejecting their application for...

High Court

Bombay High Court Dismisses Appeal Against Execution of Consent Decree in Commercial Suit — Decree Not Null and Void Despite Alleged Non-Compliance with Order XXIII Rule 3 CPC. Court Holds That a Consent Decree Can Be Executed Even If It Contains Terms Beyond the Suit, Provided Parties Freely Consented.

20 Dec 2018

The case arises from a commercial suit (Suit No. 119 of 2016) filed by Mahesh P. Raheja, Preeti P. Raheja, and Shakuntala P. Raheja (Respondent Nos. 1...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Temporary Injunction in Regular Appeal — Section 104(2) CPC Does Not Bar Appeal Under Order 43 Rule 1(r) CPC Against Order Under Order 39 Rules 1 & 2 CPC Passed in a Regular Appeal.

2 Feb 2016

The appellant, Sri Madhava Prabhu, filed Regular Appeal No.43/2015 before the Court of the Principal Senior Civil Judge, Udupi. In that appeal, he fil...

High Court

Bombay High Court Allows Landlord's Appeal in Eviction Case — Holds That Dismissal of Regular Appeal Does Not Bar Application Under Order IX Rule 13 CPC. The court clarified that the Explanation to Order IX Rule 13 only applies when the appeal is disposed of on merits or withdrawn, not when dismissed for default.

19 Oct 2011

The appellant, Sadruddin Jivabhai Jafari, as landlord, filed a suit for eviction, possession, and arrears of rent against the respondents, Jain Enterp...

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