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Search Results for "declaration of title"

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High Court

High Court of Karnataka Dismisses Appeal in Property Dispute, Upholds Trial Court Decree for Declaration, Injunction and Possession. Court holds that plaintiff failed to prove title by adverse possession and that the suit was not barred by limitation under Article 65 of the Limitation Act, 1963.

6 Oct 2023

The case involves a property dispute where the appellant, Smt. Sarala Kalaghatagi, filed a Regular First Appeal under Section 96 of the Code of Civil ...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that second appeal under Section 100 CPC cannot be entertained on questions of fact when lower courts have concurrently found that the suit property is not joint family property and that the plaintiffs failed to prove title.

6 Jul 2023

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, was filed by the appellants (original plaintiffs) against th...

High Court

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

16 Jun 2023

The case pertains to a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 20.07...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Registration of Sale Deed Based on Unregistered Will — Registration Act, 1908 Sections 17 and 49 Bar Unregistered Will from Affecting Immovable Property Rights. The court held that an unregistered Will cannot be used to challenge a registered sale deed or claim title without probate.

29 May 2023

The petitioners, legal representatives of Sri A. Vasudevachar, filed a writ petition under Article 226 of the Constitution of India before the High Co...

High Court

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

15 Dec 2022

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) was filed by the appellants (legal representatives of t...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises under Section 100 CPC where courts below concurrently found that plaintiffs failed to prove title and possession.

26 Jul 2022

The appellants, legal representatives of the original plaintiffs, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, agains...

High Court

High Court of Karnataka Dismisses Revision Petition in Property Suit — Rejects Plaint Rejection Under Order VII Rule 11 CPC. Suit for Partition and Declaration Not Barred by Limitation as Cause of Action Arose from Denial of Title in 2019.

21 Jul 2022

The case involves a civil revision petition filed by the defendants (petitioners) against an order of the trial court rejecting their application unde...

High Court

Bombay High Court Allows Appeal Against Return of Plaint in Cooperative Society Dispute — Jurisdiction of Civil Court Not Barred Under Section 91 of MCS Act Where Reliefs Include Declaration of Title and Injunction Against Corporation. The suit involved a declaration of title and permanent injunction against a cooperative society, its members, and a municipal corporation; the High Court held that the civil court has jurisdiction to entertain such a suit as the dispute is not exclusively covered by Section 91 of the Maharashtra Cooperative Societies Act, 1960.

1 Oct 2013

The appellant, Samuel Nadvi, filed a suit in the City Civil Court, Greater Bombay, seeking declaration of title and permanent injunction against Umerk...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Land Revenue Entry Dispute — Suit for Declaration Maintainable Despite Bar Under Section 106 of Land Revenue Code. The court held that a civil suit seeking declaration that survey entries are superfluous is not barred by Section 106 of the Land Revenue Code as it does not challenge any order under the Code.

27 Sep 2013

The appellants, Digambar Dattu Dessai and Deepa Dagambar Dessai, filed a civil suit (Civil Suit No. 25 of 2006) before the District Judge, South Goa, ...

High Court

Bombay High Court Dismisses Appeal and Writ Petition in Cooperative Housing Dispute — Upholds Society's Title Over Suit Property. Appellant's Claim for Declaration of Title Fails as Suit Was Barred by Limitation and Society's Title Was Established Through Prior Proceedings.

26 Sep 2013

The appellant, Bhuwaneshwar Rajkishore Tripathi, filed First Appeal No.1454 of 2003 against the judgment and order dated 15-07-2002 passed by the City...

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