Search Results for "defendant's right"

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Search Results for "defendant's right"

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High Court

Bombay High Court Upholds Specific Performance Decree in Flat Sale Dispute — Agreement to Sell Enforceable Despite Alleged Breach of Conditions. Court holds that time was not of essence in the agreement and that the purchaser was ready and willing to perform, directing execution of sale deed within two months.

12 Jun 2023

The case involves an appeal against a judgment and decree dated 07/08/2013 passed by the learned Judge, City Civil Court, Greater Bombay, in Regular C...

High Court

High Court of Karnataka Allows Appeal Against Setting Aside of Ex Parte Decree in Gift Deed Cancellation Suit. Order IX Rule 13 CPC Petition Filed Beyond Limitation Without Sufficient Cause Cannot Be Entertained.

18 Dec 2013

The appellant, B.A. Viswanath, filed a suit (O.S.2699/2004) against the respondent, Smt. Govindamma, seeking declaration and cancellation of a gift de...

High Court

Bombay High Court Allows Partition Suit in Family Property Dispute — Plaintiff Entitled to 1/5th Share. Co-owner's Right to Partition Upheld Despite Unproven Allegations of Oral Partition and Will.

1 Feb 2019

The suit was filed by Indira Rajguru, a resident of the United Kingdom, against her brothers and sister (defendants) for partition and separate posses...

High Court

Bombay High Court Allows Admission of Documents in Partition Suit — Secondary Evidence Permitted Under Section 65 of Indian Evidence Act, 1872. Documents Held Admissible as Certified Copies of Public Records or Where Plaintiff Failed to Produce Originals After Notice.

1 Feb 2019

The suit was filed by Indira Rajguru against her brothers and sister for partition and declaration of rights in respect of properties. The matter came...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Trial Court's Finding of Joint Family Property and Rejects Claim of Prior Partition. The court held that the suit properties were ancestral joint family properties and that the alleged prior partition was not proved, thereby affirming the decree for partition and separate possession.

6 Jun 2025

The case involves a dispute over partition of properties claimed to be ancestral joint family properties. The appellants (plaintiffs) filed a suit for...

High Court

Madras High Court Allows Partition Appeal in Property Dispute Between Brothers — Settlement Deed in Favour of Mother Does Not Extinguish Son's Share. Court holds that a settlement deed executed by father in favour of mother does not divest the son of his right to seek partition of the property inherited from his father.

20 Apr 2026

The appeal arises from a judgment and decree dated 06.02.2023 passed by the VI Additional Judge, City Civil Court, Chennai, in OS.No.3093/2020, decree...

High Court

High Court of Karnataka Allows Regular First Appeal, Dismisses Suit for Cancellation of Partition Deed Due to Failure to Prove Duress. Power of Attorney Holder Cannot Testify on Party's State of Mind; Adverse Inference Drawn Against Plaintiff for Non-Examination.

5 Mar 2020

The litigation arose out of a suit filed by the father against his daughter-in-law seeking cancellation of a partition deed and perpetual injunction. ...

High Court

Bombay High Court Grants Decree on Admission in Lease Reversion Rights Dispute — Plaintiffs Entitled to Specific Performance of Clause 6 of Lease Deed. The court held that unequivocal admissions in pleadings regarding payment of full consideration for reversionary rights under a 1981 lease deed entitled the lessee to a decree for conveyance under Order 12 Rule 6 CPC.

5 Feb 2014

The plaintiffs, Pankaj Unit No.1 Housing Development Company Private Limited and another, filed a suit seeking specific performance of Clause 6 of a L...

High Court

Bombay High Court Dismisses Shareholder Suit Challenging Director Appointments for Lack of Jurisdiction. Dispute Over Rights Under Articles of Association Falls Within Exclusive Jurisdiction of Company Law Board Under Companies Act, 1956.

24 Mar 2014

The suit was filed by shareholders of a banking company, Yes Bank, challenging resolutions relating to the appointment of directors and seeking declar...

High Court

Bombay High Court Dismisses Plaintiff's Application for Decree of Possession Under Order XII Rule 6 CPC — No Clear Admission Found in Society's Letters. The court held that letters from the defendant society did not amount to unequivocal admissions of the plaintiff's ownership, and thus summary decree was not warranted.

5 Feb 2019

The plaintiff, Mahesh B. Chaudhary, filed a suit seeking possession of Flat No.17, 1st floor, Radha Sadan Co-operative Housing Society Ltd., and a dec...

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