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High Court of Karnataka Quashes Trial Court Decree in Suit for Declaration — Petitioner Granted Opportunity to File Written Statement. Failure to File Written Statement Does Not Automatically Entitle Plaintiff to Judgment Under Order VIII Rule 10 CPC.

The petitioner, Sri Raja R, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 22.02.2022 passed by the X...

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High Court of Karnataka Dismisses Civil Revision Petition Challenging Rejection of Plaint Rejection Application in Suit for Declaration and Injunction Regarding Public Property. Order 7 Rule 11 CPC Application Rejected as Plaint Disclosed Cause of Action and Was Not Barred by Law.

The petitioners-defendants filed a civil revision petition under Section 115 CPC challenging the order dated 29.09.2023 passed by the Senior Civil Jud...

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Bombay High Court Dismisses Civil Revision Application Against Rejection of Plaint Under Order VII Rule 11 CPC in Suit for Specific Performance and Declaration of Title. Limitation Issue Held to Be Mixed Question of Fact and Law Requiring Trial.

The present Civil Revision Application (CRA) was filed by Defendant No.9 (the applicant) impugning an order dated 10.04.2023 passed by the Trial Court...

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Supreme Court Allows Appeal of Municipal Corporation in Solid Waste Project Injunction Case — Environmental Claims Lacked Scientific Evidence. Court Restores Trial Court's Dismissal of Suit, Holding That Civil Courts Cannot Restrain Statutory Projects Based on Unsubstantiated Apprehensions.

The Supreme Court allowed the appeal of Ratnagiri Nagar Parishad against the judgment of the Bombay High Court which had affirmed the decree of perman...

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Bombay High Court Dismisses Union of India's Second Appeal in Property Ownership Dispute. Plaintiff's Ownership Upheld Based on Concurrent Findings of Fact Under Section 100 CPC.

The case involves a second appeal filed by the Union of India and other defendants against the judgment of the appellate court which declared the resp...

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High Court of Karnataka Dismisses BDA's Appeal in Property Injunction Suit — Upholds Trial Court's Finding of No Prima Facie Title. BDA Failed to Establish Ownership Over Suit Property as Revenue Records Showed Private Ownership, and No Acquisition Proceedings Were Proven.

The judgment arises from two connected Regular First Appeals filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and dec...

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Bombay High Court Dismisses Appeal by Obstructionists in Execution of Possession Decree — Upholds Order for Removal of Obstruction Under Order XXI Rule 97 CPC. Decree for possession passed in 1964 suit; obstructionists claiming independent title failed to prove possession prior to decree.

The appeal arose from an order in Chamber Summons No. 597 of 1996 in B.C.C.C. Suit No. 2056 of 1964, decided by the City Civil Court on 24.4.1998. The...