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Bombay High Court Considers Writ Petition Against Order Rejecting Decree on Admission in Partition Suit Among Siblings. Trial Court's Rejection of Order XII Rule 6 CPC Application Based on Conditional Admission Under Scrutiny.

The petitioners, the original plaintiffs, and the respondent, the original defendant, are siblings who jointly inherited suit property from their pare...

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Bombay High Court Allows Landlords' Petition to Correct Eviction Decree Under Section 152 CPC — Decree Must Reflect Actual Area of Suit Property as Found by Courts Below, Executing Court Cannot Go Behind Decree.

The petitioners, landlords and decree holders, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 12th J...

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High Court of Karnataka Dismisses Plaintiff's Writ Petition in Specific Performance Suit — Rejection of Notice to Admit Documents Upheld. Trial Court's Discretion Under Order XII Rule 2 CPC Not Interfered With as Plaintiff Failed to Show That Documents Were Admitted or That Rejection Caused Prejudice.

The petitioner-plaintiff filed a suit for specific performance of a contract for sale of property, seeking to direct the defendants to accept the bala...

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High Court of Karnataka Dismisses Tenant's Revision in Eviction Suit — Concurrent Findings of Fact Not Interfered With Under Section 115 CPC. Tenant's Subletting Without Consent and Default in Rent Justify Eviction.

The case involves a civil revision petition filed by the tenant (Naraindas Bodaram) against the concurrent orders of eviction passed by the Trial Cour...

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High Court of Karnataka Dismisses Revision Petition Challenging Trial Court Order Refusing to Set Aside Ex-Parte Decree in Partition Suit — Petitioner Failed to Show Sufficient Cause for Non-Appearance Under Order IX Rule 13 CPC.

The petitioner, Mahesh, filed a civil revision petition under Section 115 CPC challenging the order of the Senior Civil Judge, Bailhongal, dated 24.01...

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Supreme Court Dismisses Appeal Against High Court Order for Restitution of Possession in Temple Property Dispute. Section 144 CPC Not Attracted as Possession Was Under Interim Order, Not Decree; Court Has Inherent Power to Restore Status Quo Ante.

The appeal arose from a long-standing property dispute concerning temples and shops in Jaipur. The original plaintiff, Bansidhar Sharma (since decease...

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High Court of Judicature at Bombay Upholds Arbitral Award in Favor of Oil Corporation in Kerosene Supply Contract Dispute. Arbitrator Had Rejected Limitation Defense Under Contractual Clause and Held Clause Not Void Under Section 28 of Indian Contract Act.

The matter arose from an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996, filed by the original respondent in the ...