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High Court Dismisses Writ Petition Under Article 227 of Constitution of India Challenging 0Execution Order -- Judgment Debtors' Application Under Order XXI Rule 11 of CPC Rejected in Dispute Over Mediated Settlement and Default Clause Enforcement

The High Court of Karnataka dismissed a writ petition filed by judgment debtors challenging an execution order. The case involved a mediated settlemen...

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High Court of Karnataka Allows Defendant's Amendment Application in Specific Performance Suit — Delay Not a Ground for Rejection. Amendment to plead that agreement of sale was void for lack of consideration and signature is necessary for just adjudication under Order VI Rule 17 CPC.

The petitioner, who is the defendant in O.S.No.27/2012 pending before the Senior Civil Judge, Kolar Gold Fields, filed a writ petition under Article 2...

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High Court of Karnataka Allows Amendment of Plaint in Partition Suit — Petitioner Permitted to Include Alternative Relief of Sale Proceeds. Amendment sought before trial; court holds that Order VI Rule 17 CPC does not require due diligence before commencement of trial.

The petitioner, Smt. Hemalatha, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 08.08.2018 passed by ...

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Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Suit for Specific Performance. Court holds that plaint cannot be rejected under Order VII Rule 11 CPC when it discloses a cause of action and raises triable issues regarding fraud and misrepresentation.

The petitioners, defendants in a suit for specific performance, filed a writ petition under Article 227 of the Constitution of India challenging an or...

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Bombay High Court Dismisses Petition for Impleadment in Specific Performance Suit — Petitioners Not Necessary or Proper Parties Under Order I Rule 10(2) CPC. Leasehold Rights Acquired Pending Suit Are Subject to Lis Pendens and Do Not Entitle Impleadment.

The petitioners, Sandeep Ramesh Solanki and others, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 1...

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Bombay High Court Dismisses Tenant's Writ Petition Challenging Concurrent Eviction Orders for Non-Payment of Rent. Tenant Failed to Deposit Arrears Despite Statutory Protection Under Section 12(3)(b) of the Maharashtra Rent Control Act, 1999.

The petitioner, a tenant of two shop blocks since 1977-1978, was sued for eviction by the respondent landlords for non-payment of rent from 01-08-1997...

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Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application Under Order VII Rule 11 CPC. Court holds that valuation for court fees and jurisdiction is a mixed question of law and fact not to be decided at preliminary stage.

The petitioner, M/s Prism Reality, filed a writ petition under Article 227 of the Constitution challenging the order dated 30.07.2014 passed by the le...