Search Results for "section 96 CPC"

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Search Results for "section 96 CPC"

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High Court

High Court of Karnataka Dismisses Appeal by State Authorities in Mandatory Injunction Suit — Upholds Trial Court Decree Directing Removal of Encroachment on Public Road. Suit for mandatory injunction and permanent injunction decreed as plaintiff established that defendants had encroached upon a public road by constructing a compound wall, causing obstruction to access.

24 Sep 2025

The Regular First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908, by the defendants (appellants) challenging the judgment and ...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved, Limitation Barred Suit. Plaintiff failed to prove execution of agreement and payment of earnest money; suit filed beyond three years from date of refusal.

29 Apr 2025

The present Regular First Appeal arises from a judgment and decree dated 03.08.2022 passed by the Principal Senior Civil Judge and CJM, Dharwad, in O....

High Court

High Court of Karnataka Allows Appeal in Final Decree Proceedings — Non-Compliance with Preliminary Decree Directions Renders Final Decree Unsustainable. The court set aside the final decree in FDP No.9/2013 as the trial court failed to ensure compliance with the preliminary decree's directions regarding payment of owelty and costs before drawing the final decree.

16 Apr 2025

The appeal arises from a final decree in FDP No.9/2013 passed by the Principal Senior Civil Judge, Saundatti. The appellant, who was the 1st responden...

High Court

High Court of Karnataka Allows Partition Appeal in Family Property Dispute — Reverses Trial Court's Dismissal of Suit for Partition and Separate Possession. Court Holds That Plaintiff Proved Joint Family Status and Entitlement to Share in Suit Properties, Directs Preliminary Decree for Partition.

30 Jan 2025

The appellant, Sri. Chandrashekar S/o Channabasanagouda Harti, filed a suit for partition and separate possession of suit schedule properties against ...

High Court

Bombay High Court Partly Allows Appeal in Specific Performance Suit, Orders Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness, but defendants cannot forfeit earnest money without proof of loss.

26 Aug 2024

The original plaintiff filed a suit for specific performance of an agreement to sell dated 20.02.2008 in respect of a suit property admeasuring 70,000...

High Court

Bombay High Court Dismisses Daughter's Appeal in Property Dispute, Upholds Eviction Decree. Daughter's claim of ownership and tenancy rights in suit flat rejected as she failed to prove independent title or landlord's consent.

15 Jul 2020

The case involves two appeals arising from property disputes over Flat No. 9, Matru Chhaya Building, Marine Drive, Mumbai. The appellant, Ms. Smita P....

High Court

Bombay High Court Allows Appeal in Partition Suit — Finds Trial Court Erred in Holding Suit Not Maintainable Due to Prior Family Arrangement. The Court held that a family arrangement need not be in writing and can be inferred from conduct, but the trial court failed to consider evidence and misapplied Order 23 Rule 3 CPC.

25 Feb 2020

The appellants (original defendants) filed a First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree d...

High Court

High Court of Karnataka Allows Appeal in Property Dispute — Sale Deed by Husband Without Wife's Consent Declared Void. Gift Deed by Subsequent Transferee Also Set Aside as Property Was Coparcenary Asset and Sale Was Without Legal Necessity.

17 Mar 2015

The case involves a Regular First Appeal filed by the plaintiff, Smt. Sharadamma, and her son B.S.Shivaprasad Aradya, against the judgment and decree ...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial court's refusal to decree specific performance of agreement to sell, finding plaintiff failed to prove readiness and willingness to perform contract under Section 16(c) of Specific Relief Act, 1963.

12 Mar 2015

The appellant, Mr. Jagadish Poonja, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decre...

High Court

High Court of Karnataka Dismisses Appeal in Property Dispute — Upholds Trial Court's Decree for Declaration and Permanent Injunction. Plaintiff's Title Established Through Registered Sale Deed and Tax Records, Defendant's Adverse Possession Claim Fails for Lack of Evidence.

5 Mar 2015

The case involves a property dispute where the original plaintiff, L.C. Hanumanthappa (since deceased, represented by legal representatives), filed a ...

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