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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application Under Order VII Rule 11 CPC. Exclusion of Counterclaim for Want of Pecuniary Jurisdiction Does Not Bar Subsequent Suit for Specific Performance.

The applicant, Sainath Jadhav, filed Regular Civil Suit No.731 of 2007 for injunction against the respondent, Shankar Jadhav, regarding agricultural l...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Upholds Exclusion of 16 Acres from Partition. Court holds that suit for partition of property in exclusive possession of co-owner for over 12 years is barred by limitation under Article 65 of Limitation Act, 1963.

The appellants, plaintiffs in the original suit, filed a suit for partition of suit properties including 16 acres of land in Sy.No.703. The trial cour...

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High Court of Karnataka Dismisses Writ Petition Upholding Maintainability of Arbitral Award Execution before Commercial Court. Execution Petition Held Competent Under Section 10(3) of Commercial Courts Act, 2015 as an Application Arising Out of Arbitration, Overruling Objections Based on Order XXI CPC.

Abraham Memorial Education Trust, the petitioner and judgment debtor, challenged an order of the XI Additional District and Sessions Judge (Dedicated ...

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High Court of Karnataka Reserves Judgment on Condonation of Delay in Land Acquisition Appeal Filed Beyond 120 Days Under 2013 Act. Issue of Whether Section 5 of Limitation Act Applies to Section 74(1) of Right to Fair Compensation Act, 2013 Remains to be Decided.

The Deputy Commissioner and Special Land Acquisition Officer, Bengaluru (SLAO) filed an appeal under Section 54(1) of the Land Acquisition Act, 1894 a...

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Bombay High Court Dismisses Petition Challenging Order Refusing Return of Plaint in Suit for Possession of Garage. Court Holds That Question of Valuation and Court Fee Is a Mixed Question of Law and Fact to Be Decided at Trial, Not Under Order 7 Rule 10 CPC.

The petitioner, Ganpat Govind Shigvan, was a defendant in Suit No. 2151 of 2010 filed by the respondent, Preeti Paresh Shah, and her mother for posses...

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High Court of Bombay at Goa Quashes Trial Court Order Allowing Amendment to Counterclaim in Civil Suit. Counterclaim Based on Cause of Action Arising After Filing of Written Statement Is Not Maintainable Under Order VIII Rule 6A Code of Civil Procedure, 1908.

The petitioners, original plaintiffs in a civil suit for declaration and permanent injunction filed on 17 April 2007, challenged an order of the trial...