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High Court of Karnataka Allows Appeal in CPC Case — Sets Aside Ex Parte Interim Injunction for Non-Compliance with Order VI Rule 17 CPC. Appellant-Defendant's Application for Rejection of Plaint Under Order VII Rule 11 CPC Dismissed as Not Maintainable at Interim Stage.

The appellant, Hinduja Renewables Two Private Limited, was the defendant No.6 in OS No.225/2021 pending before the Senior Civil Judge and JMFC, Sindha...

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High Court of Karnataka Dismisses State's Frivolous Writ Petition Challenging Execution Order for Compensation in Land Acquisition Case. State Cannot Challenge Final Decree in Execution Proceedings Without Justification.

The Deputy Conservator of Forest, Bhadra Wild Life Division, and other State authorities filed a writ petition under Article 227 of the Constitution o...

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High Court of Karnataka Quashes Ex Parte Injunction Order for Non-Compliance with Order 39 Rule 3 CPC — Trial Court Failed to Record Reasons or Issue Notice to Defendants Before Granting Temporary Injunction.

The petitioners, who were defendants in a civil suit (O.S. No. 115/2011) pending before the Civil Judge (Jr. Dn.) and JMFC, Nagamangala, challenged an...

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Supreme Court Upholds Landlord's Suit for Eviction as Permission Valid at Time of Filing Despite Later Revocation by State Government. Suit under U.P. Rent Control Act Not Rendered Incompetent by State Government's Order Under Section 7-F Cancelling Permission Granted by Commissioner.

The case involved a landlord (respondent) who sought to evict his tenant (appellant) under the U.P. (Temporary) Control of Rent & Eviction Act, 1947. ...

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Bombay High Court Dismisses Writ Petition by Cooperative Bank's Recovery Officer Against Auction Sale of Property. Sale by cooperative bank under MCS Act is not a sale under Transfer of Property Act, and recovery officer is not a court or tribunal under Limitation Act.

The petitioner, the Special Recovery Officer/Sales Officer of Dr. Annasaheb Chougule Urban Cooperative Bank Ltd., filed a writ petition under Article ...

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

This is a second appeal arising from a civil suit for declaration of ownership and permanent injunction. The appellant, Parubai Savliram Kshatriya (si...