Search Results for "Partly Decreed"

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Bombay High Court Allows Second Appeals in Property Dispute Over Conflicting Agreements to Sell. Registered Agreement to Sell Prevails Over Unregistered One Where Possession Was Delivered and Part Consideration Paid.

The case involves five second appeals arising from a property dispute over agricultural land at Mouje Bhagur. The suit property, Northern 1H 17R porti...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Refund of Earnest Money with Interest Upheld. Appellant failed to prove readiness and willingness to perform contract under Specific Relief Act, 1963.

The appellant, Y.V. Aparna, filed a suit for specific performance of a contract for sale of immovable property against the respondents. The trial cour...

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Karnataka High Court Dismisses Petitioner's Writ Seeking Mandamus Against Municipal Corporation for Illegal Construction by Neighbour. Court holds that petitioner has alternative efficacious remedy of civil suit and cannot seek writ jurisdiction for private nuisance.

The petitioner, Sri. Praveen Kumar, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a mandamus direction against...

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

The case pertains to a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree of the firs...

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Karnataka High Court Quashes Order Allowing Amendment in Final Decree Proceedings to Include Property Not Part of Original Suit — Amendment Under Order VI Rule 17 CPC Not Permissible After Decree Has Attained Finality.

The petitioner, the 2nd defendant in a partition suit, challenged the trial court's order allowing an application under Order VI Rule 17 of the Code o...

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Karnataka High Court Dismisses Appeal in Partition Suit — Appellant Fails to Prove Self-Acquired Property. Joint Family Property Presumed Where Common Funds Used and Possession Shared.

The case involves a partition suit filed by the respondents (plaintiffs) against the appellant (defendant) seeking partition and separate possession o...

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High Court of Karnataka Allows Second Appeal in Execution Petition — Limitation for Appeal Under Section 100 CPC Not Applicable to Orders Under Order 21 Rule 32 CPC. First Appellate Court Directed to Consider Condonation of Delay Application on Merits Before Dismissing Appeal as Time-Barred.

This second appeal was filed by the decree-holder in HRC 4/78 against the rejection of his execution petition in Exn.P.162/90 and the judgment of the ...

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Supreme Court Upholds Redemption-Decree Holder in Mortgage Suit Under U.P. Agriculturists’ Relief Act Despite Repeal. Repeal of Relief Act Did Not Affect Pending Proceedings Due to Savings Clause in Section 6 of U.P. General Clauses Act and Section 23 of Amending Act 18 of 1956.

The dispute arose from a mortgage transaction where the successor-in-interest of the original mortgagor, the respondent, filed an application under Se...