Search Results for "Miscellaneous Civil Application"

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Bombay High Court Allows Restoration of Divorce Petition Dismissed for Default in Matrimonial Dispute. Family Court's Rejection of Restoration Application Set Aside for Not Considering Sufficient Cause and Merits.

The petitioner, Siddesh Amrut Anvekar, filed a divorce petition (No. A-1461 of 2012) against his wife, Shwetal Siddesh Anvekar, on grounds of adultery...

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High Court of Karnataka Allows Appeal Against Ex-Parte Decree in Recovery Suit — Sets Aside Order Rejecting Application Under Order 9 Rule 13 CPC. Failure to Serve Summons Properly and Lack of Knowledge of Proceedings Constitute Sufficient Cause for Setting Aside Ex-Parte Decree.

The appellant, Shri K. Raja, filed a Miscellaneous First Appeal under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 (CPC) against an order d...

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Bombay High Court Allows Condonation of Delay in Execution Proceedings for Decree Holder. Delay of 13 Years in Filing Execution Application Condoned as Sufficient Cause Shown for Non-Filing Due to Pendency of Appeal and Other Proceedings.

The petitioner, M/s. Botanium Limited (now merged in Go Airlines (India) Limited), was the decree holder in Regular Civil Suit No. 292 of 1983. The su...

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Bombay High Court Allows Writ Petition to Quash Compromise Decree in Suit for Declaration of Ownership and Injunction — Held That Compromise Decree Was Not Validly Passed as It Was Based on a Consent Term That Was Contrary to Law and Without Jurisdiction.

The case involves a dispute over property ownership. The original petitioner, Narhar Rango Kulkarni (since deceased, represented by legal heirs), file...

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Bombay High Court Allows Amendment of Plaint in Property Suit Under Order 6 Rule 17 CPC — No Prejudice to Defendants as Trial Not Commenced. Amendment sought to convert suit from injunction to partition is permissible when no evidence has been led and no vested right is affected.

The petitioners, original defendants in Regular Civil Suit No.60 of 1988, challenged the order of the Ad-hoc District Judge-8, Pune dated 10/01/2020, ...

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High Court of Karnataka Allows Condonation of Delay in Filing Regular First Appeals — Appellant Permitted to Prosecute Appeals on Merits. The court held that the delay was not intentional and sufficient cause was shown, thus condoning the delay under Section 151 of the Code of Civil Procedure, 1908.

The appellant, Smt. Lalitha Kothari, filed three miscellaneous civil petitions under Section 151 of the Code of Civil Procedure, 1908, seeking permiss...