Search Results for "ex parte decree"

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Madras High Court Allows Second Appeal, Remands Case for Fresh Disposal in Property Dispute. First Appellate Court Exceeded Jurisdiction by Granting Relief to Non-Appealing Defendants Without Cross-Appeal Under Section 100 CPC.

The plaintiff, G. Kannan, filed a second appeal before the Madurai Bench of the Madras High Court against the judgment and decree of the Sub Court, Bo...

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Madras High Court Allows Revision Petition in Partition Suit, Sets Aside Dismissal of Restoration Application Due to COVID-19 Delay. Court Holds That Length of Delay Alone Not Decisive; Equitable Considerations and Lack of Final Decree Proceedings Warrant Opportunity to Contest.

The case arises from a partition suit filed by the respondent (sister) against the petitioner (sister-in-law) in O.S.No.212 of 2011 before the Subordi...

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Madras High Court Allows Writ of Mandamus for Patta Issuance Based on Civil Court Decree — Ex Parte Decree Not Set Aside Attains Finality, Respondents Directed to Consider Representation Within Six Weeks.

The petitioner, B. Ganesan, a senior citizen aged about 74 years, filed a writ petition under Article 226 of the Constitution of India seeking a writ ...

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High Court of Karnataka Dismisses Writ Petition Challenging Order Setting Aside Ex Parte Decree in Money Suit — Petitioner Failed to Show Sufficient Cause for Non-Appearance.

The petitioner, Siddappa Savadi, filed a suit (O.S.No.175/1995) for recovery of money against the respondents. The suit was decreed ex parte on 17.08....

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Bombay High Court Dismisses Petition Challenging Setting Aside of Ex Parte Decree in Specific Performance Suit. Trial Court's Order Upheld as Defendant Made Out Case of Fraud and Suppression of Supplementary Agreement.

The petitioners (plaintiffs) filed Special Civil Suit 1260/2008 seeking specific performance of an agreement dated 17.04.2007. The suit summons was du...

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Bombay High Court Dismisses Application to Set Aside Ex Parte Decree in Suit for Want of Written Statement. Rule 89 of Bombay High Court (Original Side) Rules Allows Judgment Without Separate Notice of Motion Where Written Statement Not Filed Within Time.

The case involves a Notice of Motion filed by the 1st defendant (Aviation Travels Pvt Ltd) seeking to set aside an ex parte order dated 7th October 20...

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Bombay High Court Allows Appeal Against Remand Order in Will Cancellation Suit — Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23 CPC by Remanding Without Setting Aside Ex Parte Decree on Proper Grounds.

The appellant, original plaintiff, filed a suit for declaration that a registered Will-Deed dated 12th August 2011 executed by her late husband was vo...

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Bombay High Court Allows Revision Application in Hindu Marriage Act Case — Sets Aside Ex Parte Decree Due to Lack of Proper Service. Service by affixture without prior attempts at personal service is not sufficient compliance with Order 5 Rule 17 CPC.

The revision applicant, Kishore @ Sundar s/o Rupchand Gujar, filed a Hindu Marriage Petition No. 96 of 2007 seeking divorce from his wife, Archana w/o...