Search Results for "decree absolute"

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Search Results for "decree absolute"

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High Court

Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit for Specific Performance — Transfer of Property Act, 1882 Section 52 Does Not Bar Transfer Pendente Lite, But Purchaser Must Be Heard Before Final Decree. The court held that a subsequent purchaser of suit property is a necessary and proper party under Order 1 Rule 10 CPC, and amendment of plaint under Order 6 Rule 17 CPC to incorporate subsequent events should be allowed.

9 Oct 2014

The appeal arises from a suit for specific performance of an agreement to sell a property. The original plaintiffs (appellants) filed Suit No.1241 of ...

High Court

High Court of Karnataka Allows Second Appeal in Partition Suit — Reverses First Appellate Court's Decree for Partition. Held that the plaintiff failed to prove joint family status and title over the suit property, and the First Appellate Court erred in reversing the Trial Court's dismissal without proper consideration of evidence.

22 Jun 2024

The case involves a second appeal filed by the defendant (appellant) against the judgment and decree of the First Appellate Court in R.A.No.54/2016 da...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case: Order II Rule 2 CPC Bar Applies to Subsequent Suit for Specific Performance When Relief of Permanent Injunction Was Sought in Previous Suit. The Court held that the plaintiff's entitlement to seek specific performance existed at the time of the first suit, and failure to include it bars the second suit under Order II Rule 2 CPC.

17 Jan 2025

The dispute arose from an agreement for sale dated 24.01.2007 between M/s Chemplast Cuddalore Vinyls Limited (respondent no.1/original plaintiff) and ...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit for Declaration and Injunction — Concurrent Findings of Fact Not Disturbed. Second Appeal Under Section 100 CPC Dismissed as No Substantial Question of Law Arises.

1 Jul 2025

The appellants, legal representatives of the original plaintiffs, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, agains...

High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for partition dismissed as plaintiff failed to prove joint family property and possession; no substantial question of law arose.

21 Jun 2024

The present second appeal was filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) by the defendant No.1 challenging the judgment and de...

High Court

Madras High Court Allows Second Appeal in Property Dispute Between Siblings — Declares Plaintiff's Title and Possession Over Suit Property. Court holds that admission by plaintiff to give one house to defendant does not defeat his right to declaration and injunction, and that the First Appellate Court erred in modifying the decree without proper reasoning.

2 Jan 2025

The case involves a property dispute between a brother (plaintiff) and his elder sister (defendant) over a suit property in Krishnagiri. The plaintiff...

High Court

"Bombay High Court Dismisses Chamber Summons Filed to Introduce Additional Evidence in Appeal Related to Specific Performance" "Court emphasizes the discretionary nature of Order 41 Rule 27 CPC and deters misuse aimed at prolonging litigation."

20 Dec 2024

The Bombay High Court dismissed a Chamber Summons filed under Order 41 Rule 27(1)(aa) of the CPC by the Appellants seeking to produce additional evide...

High Court

Bombay High Court Allows Petitioner's Challenge to Non-Registration of Consent Decree Due to Miscomputation of Time. Court Holds that Period Taken for Stamp Duty Adjudication Cannot be Counted Against the Four-Month Limit under Section 23A of the Registration Act, 1908.

17 Jan 2013

The petitioner, Kirti Jagdish Mulani, filed a writ petition under Article 226 of the Constitution challenging an order dated 10.07.2012 passed by the ...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds trial and appellate court decrees dismissing suit for declaration and injunction, finding no substantial question of law.

18 Dec 2025

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) arises from a suit for declaration and injunction filed...

High Court

High Court of Karnataka Dismisses Appeals in Property Dispute, Upholds Trial Court's Partial Decree for Declaration, Injunction, and Partition. Appellants failed to prove title and possession over suit property, and trial court's findings were based on proper appreciation of evidence under Section 96 CPC.

18 Dec 2025

The case involves two Regular First Appeals filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 26.02.2...

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