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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Injunction and Possession. The court held that under Article 227 of the Constitution of India, interference with concurrent findings of fact is not warranted unless there is a perverse finding or patent error of law.

The petitioner, Zircon Venture Cooperative Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the ...

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High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

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High Court of Karnataka Allows Amendment of Plaint in Suit for Declaration and Injunction — Order VI Rule 17 CPC Amendment Permitted to Clarify Title and Boundaries. Pre-trial amendment allowed liberally as it did not change nature of suit and was necessary to determine real controversy between parties.

The petitioner, Syed Shakeel Ahamed, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 21.11.20...

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High Court of Karnataka Allows Writ Petition Challenging Rejection of Application to File Additional Written Statement in Commercial Suit — Petitioner Granted Opportunity to File Additional Written Statement on Payment of Costs of Rs. 10,000/-.

The petitioner, M/s. Rhea Healthcare Pvt. Ltd., filed a writ petition under Article 227 of the Constitution of India challenging an order dated 08.04....

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Madras High Court Dismisses Revision Against Order Allowing Withdrawal of Partition Suit with Liberty to File Fresh Suit. Trial Court's Discretion Under Order XXIII Rule 1 CPC Upheld as No Perversity or Jurisdictional Error Found.

The case arises from a suit for partition and separate possession filed by the plaintiff (first respondent) in O.S. No.169 of 2008 before the District...

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High Court Allows Amendment of Plaint Despite Rejection of Temporary Injunction — Amendment Not Barred by Failure to Challenge Interlocutory Order. The right to amend pleadings under Order VI Rule 17 CPC is independent of any earlier order and necessary for effective adjudication of subsequent events.

The petitioner, as plaintiff, filed a suit for perpetual injunction against the respondents/defendants regarding a wall on the southern side of the sc...