Search Results for "Order XLIII CPC"

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Search Results for "Order XLIII CPC"

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High Court

High Court of Karnataka Allows Appeal in Injunction Dispute Over Possession of Properties — Sets Aside Trial Court Order for Non-Compliance with Order XXXIX Rule 3 CPC. Failure to Record Reasons for Dispensing with Notice Renders Ex Parte Injunction Void.

21 Apr 2025

The appellant, Mr. Srinivas Adhikeshavulu Dalvai, was the defendant in a suit filed by M/s Anushka Constructions Pvt Ltd (the respondent/plaintiff) in...

High Court

Bombay High Court Quashes Commercial Court Order Rejecting Application for Judgment on Admissions Under Order XII Rule 6 CPC — Matter Remitted for Fresh Consideration. The court held that Order XII Rule 6 CPC permits judgment on admissions without waiting for evidence, and the Commercial Court's failure to exercise jurisdiction warranted remand.

7 Feb 2025

The appellant, Iqbal Dalla, filed a counter claim in a commercial suit filed by respondent Life Insurance Corporation of India Limited seeking recover...

Supreme Court

Supreme Court Restores Trial Court's Injunction in Society Dispute — High Court Erred in Entertaining Revision Under Article 227 When Appeal Was Available Under CPC. The availability of an appellate remedy under the Code of Civil Procedure, 1908 bars the High Court from exercising supervisory jurisdiction under Article 227, and the trial court's speedy disposal of an injunction application within the statutory time frame cannot be termed as hurried without merits.

3 Oct 2019

The case arises from a dispute within a society, where the appellants (plaintiffs) filed a suit seeking declarations and injunctions regarding the con...

High Court

High Court of Karnataka Dismisses Plaintiff's Petition and Allows Defendants' Petition in Suit for Declaration and Injunction — Order XII Rule 6 CPC Application Rejected as Admissions Not Clear and Unambiguous. The court held that for judgment on admissions, the admission must be clear and unambiguous, and the Trial Court's rejection of I.A.No.6 was correct, while the allowance of I.A.No.7 for amendment under Section 151 CPC was upheld.

5 Mar 2019

The judgment arises from two writ petitions filed against a common order dated 11.02.2014 passed by the XLIII Additional City Civil and Sessions Judge...

High Court

High Court of Karnataka Dismisses Plaintiff's Petition for Judgment on Admissions and Allows Defendant's Petition Against Amendment of Plaint in Suit for Specific Performance. Court holds that admissions must be clear, unambiguous, and unequivocal for judgment under Order XII Rule 6 CPC, and that amendment of plaint cannot be allowed after commencement of trial to change the nature of the suit.

5 Mar 2019

The judgment arises from two writ petitions filed against a common order dated 11.02.2014 passed by the XLIII Additional City Civil and Sessions Judge...

High Court

High Court of Karnataka Dismisses Appeal for Non-Prosecution in Partition Suit — Appellant Absent Despite Adjournments. Failure to Appear Leads to Dismissal Under Order XLI Rule 17 CPC.

25 Jan 2019

The appellant, Domegunta Venkatasesha Reddy, filed a Regular First Appeal under the Partition Act before the High Court of Karnataka at Bengaluru agai...

High Court

High Court of Karnataka Allows Appeal in Partition Suit — Remand Ordered Due to Non-Joinder of Necessary Party and Improper Appreciation of Evidence. The lower appellate court's order setting aside the trial court's decree and remanding the matter for fresh disposal was upheld as the trial court had failed to implead all necessary co-sharers and had not properly appreciated the evidence.

29 Jul 2016

The respondent-plaintiff filed a suit for partition and separate possession of his share in the plaint 'B' and 'C' schedule properties. The trial cour...

High Court

Bombay High Court Dismisses Appeal Against Return of Plaint in Municipal Tax Dispute — Civil Court Lacks Jurisdiction Over Tax Exemption Claim. Order VII Rule 10 CPC Allows Return of Plaint for Presentation Before Proper Forum When Court Lacks Jurisdiction.

23 Sep 2015

The appellant, Akola Gujrati Samaj, a public trust registered under the Bombay Public Trust Act and a society under the Societies Registration Act, 18...

High Court

Bombay High Court Allows Appeal Against Return of Plaint in Municipal Tax Dispute — Civil Court Must Decide Jurisdiction Before Returning Plaint Under Order VII Rule 10 CPC. The court held that an order returning a plaint for lack of jurisdiction is appealable and the appellate court can examine the correctness of the finding on jurisdiction.

23 Sep 2015

The appellant, Akola Gujrati Samaj, a public trust registered under the Bombay Public Trust Act and the Societies Registration Act, 1860, runs an educ...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Compromise Decree Valid Despite Alleged Fraud. Court holds that a compromise decree can only be challenged on limited grounds of fraud or coercion, and failure to prove such grounds results in dismissal of appeal.

25 Jun 2015

The case involves a second appeal arising from a partition suit. The original plaintiff, Pandurang Shidu Chinchkar, filed Regular Civil Suit No. 324 o...

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