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High Court of Karnataka Allows Appeal in Property Injunction Dispute — Sets Aside Trial Court Order for Lack of Application of Mind. Order 39 Rule 1 and 2 CPC Injunction Granted Without Proper Consideration of Prima Facie Case, Balance of Convenience, and Irreparable Loss.

The appellant, Sri Yathievendra Naik @ Yathish, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC)...

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High Court Dismisses Second Appeal in Partition Suit, Upholding Custom-Based Adoption Validity. Custom Allowed Adoption Above 15 Years in Vysya Community, and Adoptee Could Not Claim Share in Natural Family Property Under Section 12(b) of Hindu Adoptions and Maintenance Act, 1956.

The dispute arose from a partition suit filed by a son who had been given in adoption in 1974 at the age of 23-24 years. The natural father died intes...

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Bombay High Court Dismisses Second Appeals in Possession Suit — Lease Deed Not Proved, No Tenancy Rights. Gift Deed Valid, Landlord's Title Not Challenged, Eviction Upheld.

The case involves two second appeals arising from a suit for possession filed by the respondent-landlord against the appellants-tenants. The property ...

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Bombay High Court Dismisses Writ Petition Against SARFAESI Auction Sale for Lack of Alternative Remedy. Petitioner's challenge to auction sale of secured assets fails as remedy under Section 17 of SARFAESI Act before DRT was not exhausted.

The petitioner, Umang Sugars Private Limited, filed a writ petition before the Bombay High Court challenging the auction sale of movable and immovable...

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High Court of Karnataka Allows Bank's Appeal Against Single Judge Order in Writ Petition Challenging Endorsement Under SARFAESI Act. Writ Petition Challenging Endorsement Under Section 13(2) of SARFAESI Act Held Not Maintainable Due to Alternative Remedy Under Section 17.

The appellants, Union Bank of India and its Chief Manager, filed a writ appeal under Section 4 of the Karnataka High Court Act against the order dated...

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High Court of Karnataka Allows Appeal by Union Bank of India in SARFAESI Act Matter — Endorsement Declining One-Time Settlement Not a 'Decision' Under Section 17(1) of SARFAESI Act, 2002. Writ Petition Challenging Bank's Endorsement Held Not Maintainable Due to Alternative Remedy Before DRT.

The case involves a writ appeal filed by Union Bank of India (appellants) against an order dated 02.05.2023 passed by a learned Single Judge of the Ka...