Search Results for "civil suit dismissal"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "civil suit dismissal"

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High Court

Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Suit — Tenant's Daughter Fails to Establish Independent Tenancy Rights. Succession to tenancy under Section 5(11)(c) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 requires residence with deceased tenant as member of family up to death; mere residence after death does not confer tenancy rights.

23 Mar 2017

The case arises from a civil revision application filed by Shila Ramchandra Sachdeva, the defendant in Regular Civil Suit No. 260 of 2007, challenging...

High Court

Bombay High Court Dismisses Revision Against Execution of Decree for Specific Performance of Contract — Objection to Executability Rejected as Decree Was Not Conditional on Deposit of Balance Consideration. The decree directed defendant to execute sale deed within two months of plaintiff paying balance consideration; failure to deposit within two months does not bar execution.

7 Feb 2012

The case involves a civil revision application challenging an order dated 3-12-2007 passed by the Civil Judge, Senior Division, Bhandara, rejecting th...

High Court

Gujarat High Court Grants Leave to Appeal Against Consent Decree Alleged to be Collusive and Fraudulent — Applicant Not Joined Despite Prior Registered Sale Deed. The court held that the applicant, who had a registered sale deed in his favour, was a necessary party and was entitled to challenge the consent decree passed in a suit for specific performance.

6 Feb 2026

The applicant, Chandubhai Maganbhai Kalathiya, filed a Civil Application for Leave to Appeal against a consent decree dated 03.08.2019 passed in Speci...

High Court

High Court of Karnataka Hears Second Appeal Against Concurrent Decrees Declaring Plaintiffs' Title and Granting Permanent Injunction. Appeal Challenges Findings on Title Based on Sale Deed and Possession, with Defendants Claiming Title as Widow and Subsequent Purchaser.

3 Jul 2026

The litigation arose from a suit for declaration of title and permanent injunction filed by the plaintiffs, who are the sons of Poojari Lingappa. They...

High Court

High Court of Karnataka Allows Appeal in Declaration and Possession Suit — Sale Deed by Co-owner Without Consent of Other Co-owners Not Binding on Plaintiff. Transfer of Property Act, 1882, Section 44 — Co-owner cannot transfer undivided share in specific property without consent of other co-owners; decree for possession cannot be granted against co-owner in possession.

23 Feb 2023

The appellant, L Rudramuni Swamy, was the first defendant in a suit filed by the original plaintiff Rachappa @ Rachaiah (since deceased, represented b...

High Court

Madras High Court Allows Second Appeal in Property Injunction Suit — Concurrent Findings Set Aside Due to Lack of Evidence of Title and Possession. Family Arrangement and Adverse Possession Claims Fail as Plaintiffs Failed to Prove Possession and Necessary Parties Were Not Impleaded.

2 Jan 2025

The case involves a Second Appeal filed by the defendant Selvaraj against the concurrent judgments of the Trial Court and First Appellate Court which ...

High Court

Bombay High Court Dismisses Civil Revision Against Refusal to Reject Plaint Under Order VII Rule 11 CPC — Cause of Action and Limitation Issues Require Trial. The court held that the plaint, read in its entirety, discloses a cause of action and is not barred by limitation, and the trial court correctly refused to reject the plaint.

15 Feb 2010

The case involves a civil revision application filed by the applicants (defendants in the original suit) against an order dated 21st April 2009 passed...

Supreme Court

Supreme Court Upholds Execution Court's Power to Extend Time for Deposit in Specific Performance Decree Despite Delay. Section 28 of Specific Relief Act, 1963 vests jurisdiction in the court executing the decree to extend time and reject rescission where decree-holder was ready and willing.

20 Sep 2024

The case arises from a suit for specific performance of an agreement to sell dated 18.05.2005. The trial court decreed the suit in part, directing ref...

High Court

Gujarat High Court Allows Civil Revision Application, Rejects Plaint as Barred by Limitation and Without Cause of Action in Suit Challenging Sale Deed After Nine Years. The court held that a suit filed nine years after the execution of a sale deed is ex facie barred by limitation under Article 58 of the Limitation Act, 1963, and the plaint must be rejected under Order VII Rule 11 CPC.

12 Jan 2026

The present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, was filed by the applicant, Casme Industrial Park Devel...

Supreme Court

Supreme Court Dismisses Appeals in Property Dispute Execution Case, Upholding High Court's Order Against Frivolous Litigation. The court affirmed the dismissal of writ petitions and appeals, highlighting abuse of procedural provisions under Order XXI Rule 97 of the Code of Civil Procedure, 1908, to delay execution of a decree for possession.

22 Apr 2021

The appeals arose from a common judgment of the Karnataka High Court dated 16th January 2020, which dismissed several writ petitions. The litigation c...

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