Search Results for "defendant hearing"

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Search Results for "defendant hearing"

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High Court

High Court of Karnataka Adjudicates Regular First Appeal Under Section 96 CPC Against Order Rejecting Plaint Under Order VII Rule 11 CPC in Suit for Partition and Declaration. Trial Court Found No Cause of Action and Allowed Application Filed by Defendants 24 and 26; Appeal Examines Whether Plaint Discloses Triable Issues.

29 Jun 2026

The present Regular First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908, by the plaintiffs against the order dated 14.10.2019...

High Court

High Court of Karnataka Upholds Trial Court's Order Allowing Production of Documents in Commercial Suit — Order XI Rule 1(5) CPC Does Not Mandate Filing of Documents Only at First Hearing. The court held that the trial court's discretion to allow late production of documents under Order XI Rule 1(5) CPC was valid and did not cause prejudice to the defendant.

10 Jun 2025

The petitioner, M/S. JSM Corporation Private Limited, was the defendant in Commercial Original Suit No.835 of 2023 filed by the respondents, M/S. Brun...

High Court

Bombay High Court Dismisses Landlord's Petition in Eviction Suit for Unauthorized Construction — Finds Appellate Court's Reversal Not Perverse. Landlord Failed to Plead Original Condition of Premises Under Section 13(1)(b) of Bombay Rent Act.

24 Oct 2024

The petitioner, Hemant Bharat Kachare, as landlord, filed a writ petition challenging the judgment and decree dated 16 February 1999 passed by the Add...

Supreme Court

Supreme Court Dismisses Appeals in ISKCON Property and Management Dispute — Upholds High Court's Findings on Governing Body and Ownership of Properties. The Court held that the plaintiffs failed to prove their claim to the Governing Body of ISKCON Bangalore and that the properties in dispute belonged to ISKCON Mumbai, not ISKCON Bangalore.

16 May 2025

The Supreme Court of India heard a group of civil appeals arising from two suits concerning the International Society for Krishna Consciousness (ISKCO...

High Court

High Court of Karnataka Dismisses Petition for DNA Test in Paternity Dispute — Husband Denies Paternity of Child Born During Separation. Presumption of Legitimacy Under Section 112 of Indian Evidence Act Applies Unless Non-Access is Proved.

8 Jan 2016

The petitioner, husband, filed a writ petition challenging the order of the Family Court, Belgaum, dated 21.11.2015, which rejected his application (I...

High Court

High Court of Karnataka Dismisses Appeal in Property Dispute — Upholds Trial Court's Decree for Declaration and Permanent Injunction. Plaintiff's Title Established Through Registered Sale Deed and Tax Records, Defendant's Adverse Possession Claim Fails for Lack of Evidence.

5 Mar 2015

The Regular First Appeal was filed by the defendant against the judgment and decree dated 16.4.2009 passed by the XV Additional City Civil Judge, Bang...

High Court

Karnataka High Court Considers Appeal and Cross-Objection Against Trial Court's Dismissal of Suit for Declaration of Title and Possession. Trial Court Dismissed Suit on Grounds That Plaintiffs Failed to Prove Genealogical Link and Revenue Entries Do Not Establish Title.

26 Apr 2025

The matter arose out of a suit for declaration of title and recovery of possession filed by the legal heirs of late Venkategowda and Smt. Honamma, cla...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

23 Oct 2023

The present second appeal arises from a partition suit filed by the original plaintiffs (appellants) against the defendants (respondents). The plainti...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute Between Brothers — Concurrent Findings of Fact Not Interfered With. Suit for Possession and Injunction Dismissed as Plaintiff Failed to Prove Title and Encroachment.

29 Nov 2023

The plaintiff, Bhagwatrao Randive, filed a suit for possession and permanent injunction against his brother, Panditrao Randive, alleging encroachment ...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Suit for Possession and Declaration of Title — Plaint Discloses Cause of Action and Is Not Barred by Limitation or Specific Relief Act. The court held that the trial court erred in relying on extraneous material and that the plaint averments showed the suit was within limitation under Article 65 of the Limitation Act, 1963.

27 Jul 2022

The appellant, Manu Babu Patel, original plaintiff no.1, along with respondent no.7 (original plaintiff no.2), filed a suit in the Civil Judge, Senior...

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