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High Court of Karnataka Hears Regular First Appeals in Specific Performance and Permanent Injunction. Trial Court Dismissed Specific Performance Suit and Decreed Injunction; Plaintiff's Claim of Agreement to Sell and Possession Not Accepted, Subsequent Purchaser's Possession Protected.

The Regular First Appeals arose from a common judgment dated 13.09.2005 by the I Additional City Civil and Sessions Judge, Bengaluru, in two suits: O....

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High Court of Bombay Dismisses Second Appeal and Upholds First Appellate Court’s Decree for Specific Performance in Property Sale Agreement. Failure to Appoint Guardian-ad-Litem for Minor Defendant and Non-Challenge to Subsequent Sale Deeds Are Key Issues Under Section 100 CPC.

The Second Appeal arose from a suit for specific performance of an agreement to sell immovable property. The plaintiff (respondent no.1) claimed that ...

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High Court of Karnataka Dismisses Appeals in Property Dispute, Upholds Trial Court's Dismissal of Suit for Declaration and Recovery of Possession. The court held that the plaintiff failed to prove title and possession over the suit property, and the suit was barred by limitation.

The case involves two Regular First Appeals filed against the judgment and decree dated 07.11.2014 in O.S.No.72/2011 passed by the I Additional Senior...

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Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

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Bombay High Court Dismisses Petition Challenging Dismissal of Suit Against Unserved Defendant Under Order IX Rule 5 CPC. Failure to Serve Summons on Defendant No.1(c) Despite Court Directions and Lapse of Over Three Years Justifies Dismissal; No Sufficient Cause Shown for Invoking Section 151 CPC.

The petitioner/plaintiff filed R.A.D. Suit No.600 of 2005 before the Small Causes Court, Mumbai, seeking a declaration of tenancy/deemed tenancy in re...

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Bombay High Court Considers Notice of Motion for Rejection of Plaint in Trust Suit Under Order VII Rule 10A CPC. The Court Examines Whether Non-Compliance with Order VII Rule 10A CPC and Limitation Bar the Freshly Filed Suit.

The matter arose from a Notice of Motion taken out by defendant no.7 in a trust dispute suit pending before the Bombay High Court. The plaintiff claim...

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Bombay High Court Hears Defendants’ Interim Applications for Rejection of Plaint in Commercial Suit on Grounds of Non-Compliance with Section 12-A Commercial Courts Act, 2015 and Bar Under SARFAESI Act. Applications Filed by Financial Institution Defendants Against Real Estate Borrower Group.

The dispute arises from a commercial suit filed by the plaintiffs against three defendants, seeking specific performance of a Framework Agreement date...