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Bombay High Court Allows Petition Challenging Appointment of Court Commissioner in Property Dispute. Appointment of Commissioner During Pendency of Injunction Application Held Impermissible as It Would Decide Suit Without Trial.

The petitioner, original plaintiff, filed a suit for injunction against respondent No. 1 (defendant No. 1) seeking to restrain him from encroaching up...

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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.

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

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Bombay High Court at Goa Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings That Sale Deed Was Null and Void Due to Lack of Title and Possession. Deed of Gift Executed by Co-Owner Without Spouse's Consent Held Invalid Under Portuguese Civil Code.

The appellant, Shivaji Narayan Gaonkar, filed a suit seeking permanent injunction and declaration that a Deed of Gift executed by Respondent No.3 (Lur...

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High Court of Karnataka Allows Amendment of Written Statement in Property Suit — Rejection of Amendment Set Aside. Order 6 Rule 17 CPC Amendment Allowed as Necessary to Avoid Multiplicity of Proceedings and No Prejudice Caused to Plaintiff.

The petitioner, Smt. Kasturibai @ Lakkavva, was the first defendant in O.S. No. 45/2011 pending before the Senior Civil Judge & JMFC, Mudhol. The suit...

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High Court of Karnataka Allows Amendment of Written Statement in Property Suit — Liberal Approach to Pre-Trial Amendments Under Order 6 Rule 17 CPC. Defendant's Application to Deny Genealogy Allowed as Necessary for Real Controversy, Despite Earlier Admission.

The petitioner, who was the 1st defendant in O.S. No. 45/2011 pending before the Senior Civil Judge & JMFC, Mudhol, filed a writ petition under Articl...

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Bombay High Court Allows Habeas Corpus Petition for Return of Minor Child to Netherlands. Dutch Mother's Custody Rights Upheld; Child's Habitual Residence Determined as Netherlands.

The petitioner, a Dutch national, filed a habeas corpus petition seeking the return of her minor daughter 'N' from the respondent father and his famil...