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Gujarat High Court Allows Restoration of Suit Dismissed for Default Due to Counsel's Negligence. Negligence of Advocate Constitutes Sufficient Cause for Condonation of Delay Under Section 5 of Limitation Act, 1963 and Order 9 Rule 13 CPC.

The petitioners, legal representatives of Sardar Himmatbhai Khokar, filed a Regular Civil Suit No.794 of 2002 seeking cancellation of a sale deed date...

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High Court of Karnataka Dismisses Appeal in BBMP Khatha Dispute — Upholds Single Judge's Order Directing Restoration of Khatha Based on Earlier Directions. The Court held that the Joint Commissioner's order was contrary to earlier directions and the Single Judge's order was just and proper.

The appellants, Sri N. Venkatesh and Smt. D. Vijayalakshmi, filed a writ appeal under Section 4 of the Karnataka High Court Act, 1961, challenging an ...

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Bombay High Court Dismisses Revision Under Section 115 CPC Due to Alternate Remedy Under Maharashtra Rent Control Act. Order rejecting plaint under Order VII Rule 11(d) CPC affects substantive rights and is revisable under Section 34(4) of the MRC Act.

The present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 was filed by the applicants (defendants) challenging an ...

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Gujarat High Court Allows Condonation of Delay in Substitution of Heirs in Civil Appeal. Delay of 1537 days condoned as sufficient cause shown for bringing legal representatives of deceased respondents on record in pending first appeal against decree under Order VII Rule 11 CPC.

The present application was filed by the applicants, Vikramsinh Kanjibhai and another, seeking condonation of delay of 1537 days in filing an applicat...

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Gujarat High Court Dismisses State's Appeal for Non-Prosecution, Refuses to Recall Order After 217-Day Delay. Delay Condonation Application Allowed but Recall Application Dismissed as No Sufficient Cause Shown for Non-Appearance.

The State of Gujarat filed a Letters Patent Appeal against an order in Special Civil Application No. 1915 of 2024. The appeal was initially dismissed ...

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High Court of Karnataka Dismisses Appeal Against BBMP Order in Property Khatha Dispute — Upholds Single Judge's Refusal to Interfere with Joint Commissioner's Order Directing Restoration of Khatha Based on Earlier Civil Court Decree.

The appellants, Sri N. Venkatesh and Smt. D. Vijayalakshmi, filed a writ appeal against the order dated 03.06.2019 passed by the learned Single Judge ...

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Bombay High Court Allows Condonation of Delay in Execution Proceedings for Decree Holder. Delay of 13 Years in Filing Execution Application Condoned as Sufficient Cause Shown for Non-Filing Due to Pendency of Appeal and Other Proceedings.

The petitioner, M/s. Botanium Limited (now merged in Go Airlines (India) Limited), was the decree holder in Regular Civil Suit No. 292 of 1983. The su...

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Supreme Court Dismisses Union of India's Appeal Against Refusal to Condon 12-Year Delay in Restoration Application. Limitation Rules Apply Equally to Government; No Sufficient Cause Shown for Inordinate Delay.

The dispute originated from a lease deed executed in 1951 for a bungalow in Pune Cantonment. The respondent (landlord) filed a civil suit in 1981 for ...