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High Court

High Court of Karnataka Dismisses Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Partition Suit — Petitioner Failed to Show Sufficient Cause for Non-Appearance. The court held that mere denial of service without evidence is insufficient to set aside an ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908.

22 Mar 2024

The petitioners, legal representatives of the original defendant Kadappa, filed a writ petition under Article 227 of the Constitution of India challen...

High Court

High Court of Karnataka Allows Appeal in Partition Suit Due to Non-Joinder of Necessary Party and Lack of Proper Representation. The court set aside the trial court's decree as it was passed against a dead person and without impleading legal representatives of the deceased plaintiff, violating principles of natural justice under Order 1 Rule 9 CPC.

12 Mar 2024

The appellants, who were defendants 1 to 6 in the trial court, filed this Regular First Appeal under Section 96 read with Order 41 Rule 1 of the Code ...

High Court

High Court of Karnataka Allows Appeal in Partition Suit Due to Non-Service of Summons on Defendants, Remands Matter for Fresh Trial. Ex-parte decree set aside as trial court failed to ensure proper service, violating principles of natural justice under Section 96 CPC.

12 Mar 2024

The appellants, who were defendants 1 to 6 in the original suit, filed this appeal under Section 96 read with Order 41 Rule 1 of the Code of Civil Pro...

High Court

High Court of Karnataka Dismisses Defendants' Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. Suit for Partition and Separate Possession of Joint Family Property Dismissed as Not Maintainable Due to Prior Final Decree in Earlier Suit.

28 Feb 2024

The present Regular Second Appeal was filed by the defendants (appellants) against the judgment and decree dated 04.03.2017 passed by the Senior Civil...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Daughter's Right to 1/6th Share in Self-Acquired Property. The court held that the suit properties were self-acquired by the mother and not ancestral, and that daughters are entitled to equal share under Hindu Succession Act, 1956.

19 Feb 2024

The case involves a Regular First Appeal filed by Defendant Nos. 1 and 5, father and son, against the judgment and decree dated 18.12.2015 passed by t...

Supreme Court

Supreme Court Disposes Civil Appeal Based on Settlement Agreement Between Parties in Property Dispute. Court Modified Time Period in Settlement Agreement and Directed Drawing of Decree in Terms of Settlement, Setting Aside Impugned Judgments and Decrees.

7 Feb 2024

The Supreme Court was hearing a civil appeal directed against a judgment and order dated 23.10.2008 passed by the High Court of Judicature at Madras i...

Supreme Court

Supreme Court Upholds Conviction of Accused in Murder Case Based on Unlawful Assembly and Common Object Under IPC. Appellants, who did not directly assault the deceased but were part of an unlawful assembly armed with choppers with the common object to kill the family, were held guilty under Section 302 read with Section 149 IPC based on credible eyewitness testimony of injured family members.

2 Feb 2024

The dispute arose from a bitter property feud between the deceased Shivanna and his brother Ramanna (A-9), which led to civil litigation. On 25 Septem...

High Court

High Court of Karnataka Allows Appeal in Property Suit — Remand Order Set Aside Due to Lack of Jurisdiction Under Order XLI Rule 33 CPC. Appellate Court Exceeded Powers by Setting Aside Final Decree in Unconnected Suit Without Appeal or Cross-Objection.

2 Feb 2024

The appellant, Smt. Shantawwa, filed a Miscellaneous Second Appeal under Section 43 Rule 1(u) read with Section 104 of the Code of Civil Procedure, 19...

Supreme Court

Supreme Court Allows Appeals in Pre-emption Suit, Holding That Right of Pre-emption Is a Weak Right and Must Be Strictly Proved — Plaintiff Failed to Establish Superior Right Under Punjab Pre-emption Act, 1913.

17 Aug 2023

The present appeals arise from a common judgment of the Punjab and Haryana High Court dated 17.08.2007, which allowed two second appeals (RSA No.1470/...

Supreme Court

Supreme Court Examines Limitation Period for Execution Proceedings Under Limitation Act, 1963 - Appeal Challenges High Court's Dismissal of Revision Petition on Grounds of Time-Barred Execution Application. Court Considers Whether Limitation Period Should Be Calculated from Compromise Decree Date or Final Decree Date Under Article 136 of Limitation Act, 1963.

24 Apr 2023

The Supreme Court considered an appeal challenging a High Court judgment dated 04.01.2006 in Civil Revision No. 715/2002, which had dismissed a revisi...

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