Search Results for "Article 227 CPC"

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Search Results for "Article 227 CPC"

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High Court

High Court Dismisses Writ Petition Under Article 227 Challenging Refusal of Ex-Parte Injunction in Civil Suit, Citing Availability of Appeal Under CPC. Petitioner's Challenge to Trial Court Order Fails Due to Alternative Statutory Remedy

22 Jan 2026

The petitioner filed a writ petition under Article 227 of the Constitution of India challenging an order dated 01.07.2022 by the Trial Court that refu...

High Court

High Court of Karnataka Upholds Trial Court Order Striking Out Defence for Non-Compliance with Conditional Order Under Order VIII Rule 1 CPC. Failure to Pay Costs and File Written Statement Within Extended Time Leads to Automatic Striking Out of Defence.

8 Jul 2025

The petitioners, Mr. Venugopal Krishnamurthy and Mrs. Poorna Venugopal, filed a writ petition under Article 227 of the Constitution of India challengi...

High Court

High Court of Karnataka Allows Writ Petition Challenging Rejection of Application to File Written Statement Beyond Limitation in Suit for Specific Performance. Court holds that Order 8 Rule 1 CPC is directory and not mandatory, and that delay in filing written statement can be condoned on payment of costs if no prejudice is caused to the plaintiff.

10 Jun 2025

The petitioner, Smt. Kusuma Kumari, represented by her General Power of Attorney holder, filed a writ petition under Article 227 of the Constitution o...

High Court

Bombay High Court Allows Landlord's Writ Petitions Against Appellate Court's Reversal of Eviction Obstruction and Mesne Profits Orders. The court held that an obstructor claiming through a tenant cannot resist eviction after a decree against the tenant, and mesne profits are independent of possession.

27 Apr 2020

The case involves two writ petitions filed by the landlord, Udyavara R. Acharya and Ramadevi R. Acharya, against the respondent, Jugal Kishor Jagannat...

High Court

High Court of Karnataka Allows Decree Holder's Appeal Against Dismissal of Execution Petition for Non-Prosecution — Restoration Granted on Grounds of Sufficient Cause. The court held that the executing court erred in dismissing the execution petition for default and refusing restoration, as the decree holder had shown sufficient cause for non-appearance.

19 Dec 2019

The appellant, Basavaraj S/o Shamrao Sinigond, as the legal representative of the original decree holder Chandamma, filed a writ appeal against the or...

High Court

High Court of Karnataka Dismisses Petition Challenging Rejection of Application Under Order IX Rule 7 CPC Filed After Suit Posted for Judgment. Application Under Order IX Rule 7 CPC Not Maintainable After Case Reserved for Judgment; Proper Remedy Lies Under Order IX Rule 9 or Order IX Rule 13 CPC.

18 Oct 2019

The petitioner, Abdul Shukoor, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 13.11.2018 pas...

High Court

Bombay High Court at Goa Dismisses Petition Challenging Execution Orders in Arbitration Award Enforcement — Upholds Attachment of Property and Rejection of Objections Under Order XXI Rule 58 CPC.

8 Jun 2016

The petitioners, M/s. Trimurti Exports and its partners, were judgment debtors in an execution proceeding arising from an arbitral award. The award, d...

High Court

High Court of Karnataka Allows Decree Holder to Execute Two Separate Decrees in Single Execution Petition Under Order 21 Rule 11 CPC — No Bar Against Combining Claims in Execution. The court set aside the executing court's order directing amendment to restrict claim to one transaction, holding that CPC does not prohibit combining multiple decrees in one execution petition.

29 Apr 2016

The petitioner, PAFCO 2916 Inc., a company incorporated in the USA, obtained two separate decrees against the respondent, Kingfisher Airlines Limited,...

High Court

High Court of Karnataka Allows Writ Petitions Challenging Execution Court Order in Suit for Specific Performance - Decree Holder's Application for Possession Through Commissioner Dismissed as Executing Court Cannot Go Beyond Decree. Executing Court Cannot Order Delivery of Possession When Decree for Specific Performance Does Not Specifically Direct Possession Under Order 21 Rule 35 CPC.

30 Jul 2015

The petitioners, legal representatives of the original plaintiff N.H. Shivamurthy, filed writ petitions under Article 227 of the Constitution of India...

High Court

Karnataka High Court Allows Plaintiff to File Rejoinder to Amended Written Statement Under Order 8 Rule 9 CPC — Trial Court's Rejection of Amendment Application Set Aside. Plaintiff Entitled to File Additional Pleading When Written Statement is Amended, Though Not Specifically Defined in CPC.

15 Jun 2015

The petitioners, plaintiffs in O.S. No.39/2013 before the Senior Civil Judge Court at Challakere, filed writ petitions under Articles 226 and 227 of t...

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