Search Results for "Collusive Claim"

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High Court of Karnataka Dismisses Second Appeals in Property Suit, Upholds Concurrent Findings of Courts Below. Suit for Declaration and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The case involves two regular second appeals filed by the appellants, Chanderakant and Suryakant, against the respondents, who are legal representativ...

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Supreme Court Reverses High Court Order Condoning 1312-Day Delay in Setting Aside Exparte Decree for Specific Performance. Delay Not Explained and Application Found to be an Afterthought.

The case arises from a suit for specific performance of a sale agreement executed in 2013. The plaintiff (appellant) agreed to purchase property joint...

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High Court of Karnataka Quashes Compromise Decree in Title Suit Due to Fraud and Fabrication — Lok Adalat Decree Set Aside as Collusive and Without Proper Verification. Compromise Decree Obtained by Fraud is a Nullity and Can Be Challenged Under Article 227 of the Constitution of India.

The petitioner, Smt. Padmavati, originally filed a writ petition challenging a compromise decree dated 27.09.2010 passed in O.S. No.243 of 2010 on the...

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Supreme Court Dismisses Appeals in Specific Performance Suits — Concurrent Findings of Fact Not Disturbed. Agreements of Sale Dated 16.07.1980 Were Not Genuine and Were Created to Defeat Prior Agreement of 27.03.1979.

The case involves two civil appeals arising from a judgment of the Madras High Court which reversed the trial court's decree for specific performance ...

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Bombay High Court Dismisses Challenge to Impleadment of Subsequent Purchasers in Partition Appeal. Order 1 Rule 10 CPC allows joinder of parties whose presence is necessary for effective adjudication, even if purchase is during pendency of litigation under Section 52 of Transfer of Property Act, 1882.

The petitioners, original plaintiffs in a partition suit, filed Regular Civil Suit No.268/2008 seeking half share in suit lands bearing Gat No.151 and...

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Bombay High Court Dismisses Appeal in Partition Suit — Upholds Trial Court's Refusal to Amend Plaint After 14 Years. Amendment Sought to Introduce New Case of Fraud and Collusion Rejected as Barred by Limitation and Laches.

The appeal arose from a suit for partition and declaration filed by the appellant, Minakshi Mahendra Pitroda, against the respondents. The suit proper...