Search Results for "appeal abatement"

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High Court Dismisses Petition Challenging Rejection of Impleadment Application in Partition Suit -- Trial Court's Discretion Under CPC Upheld Despite 20-Year Delay in Filing

The petitioner challenged the Trial Court's order rejecting her application to implead family members as defendants in a partition suit pending since ...

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High Court of Karnataka Dismisses Appeal in Property Suit, Upholds Trial Court Decree for Declaration, Possession, and Mesne Profits. Vendor-Purchaser Dispute: Non-delivery of possession after sale deed execution leads to decree for possession and mesne profits.

The case involves a Regular First Appeal filed by defendant Nos.1 and 2 (Kullappa and Muniyellappa) against the judgment and decree dated 11.04.2003 i...

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Bombay High Court Allows Appeals in Specific Performance Suit — Agreement to Sell Not Proved, but Alternative Relief of Damages Granted. Court holds that failure to prove agreement does not bar claim for earnest money refund under Section 22 of Specific Relief Act, 1963.

The appellant, an architect, filed three suits for specific performance of agreements to sell immovable property against Gustavo Pinto and Lucio Miran...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for declaration and injunction dismissed as plaintiffs failed to prove title and possession over suit property.

The appellants (plaintiffs) filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree ...

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Bombay High Court Allows Petition Under Article 227 Against Executing Court Order Setting Aside Ex-Parte Decree in Execution Proceedings. Executing Court Exceeded Jurisdiction by Reopening Decree Validity After It Had Become Final.

The petitioner, Yashwant Yadav Mhase, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 29.1.2004 passed...

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Bombay High Court Dismisses Appeal Against Rejection of Plaint in Suit for Specific Performance — Suit Barred by Limitation. The court held that the plaint must be rejected under Order VII Rule 11(d) CPC when the suit is clearly barred by limitation based on the averments in the plaint.

The appellant, Romesh Satyanarayan Sharma, filed a suit for specific performance of an agreement to sell dated 15.07.2005 against the respondents, Mrs...