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High Court of Karnataka Quashes Trial Court Decree in Suit for Declaration — Petitioner Granted Opportunity to File Written Statement. Failure to File Written Statement Does Not Automatically Entitle Plaintiff to Judgment Under Order VIII Rule 10 CPC.

The petitioner, Sri Raja R, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 22.02.2022 passed by the X...

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High Court of Karnataka Allows Appeal in Property Fraud Case, Reversing Dismissal of Suit for Declaration and Injunction. The court found that visible discrepancies in sale deeds and police complaint established fraud, making handwriting expert opinion not mandatory under evidence law.

The dispute arose from a suit filed by the plaintiff seeking declaration that four sale deeds executed in 2018 were null and void and not binding on h...

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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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Karnataka High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

The appellant, Sri Shivashankar, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree...

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Bombay High Court Allows State's Appeal in Land Acquisition Case, Reduces Compensation for Agricultural Land. Court Determines Market Value Based on Potential for Horticulture and Nearby Sale Instances, Applying Deductions for Development.

The case pertains to an appeal by the State of Maharashtra and a cross objection by the claimants (legal heirs of the original landowner) against the ...

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Bombay High Court Dismisses Appeal in Suit for Specific Performance — Limitation Bar Not Decided at Plaint Stage. Question of limitation is a mixed question of law and fact requiring trial under Order 7 Rule 11(d) CPC.

The present appeal arises from a suit filed by the predecessor of respondent Nos. 1(i) to 1(iii) (the plaintiff) against the appellants (defendants) s...

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Karnataka High Court Sets Aside Order Allowing Amendment in Final Decree Proceeding — Amendment Sought After Final Decree Drawn Up Held Impermissible. Order VI Rule 17 CPC cannot be invoked to change the case after final decree is concluded.

The petitioners, Mrs. Aysha and S. Mohammed Iqbal, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 20....

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Bombay High Court Allows Writ Petition Against Order Directing Payment of Court Fee on Higher Valuation in Appeal. Court holds that valuation for court fee and jurisdiction are distinct, and appeal valuation is determined by the relief granted in the decree, not the market value of the property.

The petitioner, Dr. Pramod Prakashchandra Banait, filed a writ petition challenging an order dated 28/07/2014 passed by the Appellate Court (District ...

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High Court of Karnataka Upholds Trial Court's Valuation of Suit for Declaration and Injunction Under Karnataka Court Fee and Suit Valuation Act, 1958 — Suit for Declaration That Sale Deed Is Null and Void Is Properly Valued Under Section 26(c) Read with Section 24(d) of the Act.

The defendant filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 30.7.2013 passed by the I Addit...

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Bombay High Court Allows Amendment in Suit for Specific Performance After Trial Commenced — Amendment Sought After Cross-Examination of Plaintiff's Witness Held Not Barred by Proviso to Order VI Rule 17 CPC as Trial Had Not Concluded and Amendment Was Necessary for Determining Real Controversy

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...