Search Results for "Joint decree"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "Joint decree"

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High Court

Bombay High Court Allows Revision Application in Suit for Declaration and Injunction — Dispute Over Agricultural Land and Family Arrangement. Court holds that a Civil Revision Application under Section 115 CPC is maintainable against an order refusing to amend written statement, and that amendment seeking to incorporate a family arrangement and counterclaim should be allowed to avoid multiplicity of proceedings.

30 Nov -0001

The petitioners, original defendants in a suit for declaration and permanent injunction, filed a Civil Revision Application under Section 115 of the C...

High Court

Bombay High Court Allows Second Appeal in Part Performance Case - Doctrine of Part Performance Protects Possession of Purchaser Under Section 53A of Transfer of Property Act, 1882. The court held that dismissal of specific performance does not automatically divest possession if the purchaser is ready and willing.

15 Oct 2018

The case involves two counter appeals arising from a suit for specific performance and possession. The plaintiff, Suresh Kamte, entered into an agreem...

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...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case: Order II Rule 2 CPC Bar Applies to Subsequent Suit for Specific Performance When Relief of Permanent Injunction Was Sought in Previous Suit. The Court held that the plaintiff's entitlement to seek specific performance existed at the time of the first suit, and failure to include it bars the second suit under Order II Rule 2 CPC.

17 Jan 2025

The dispute arose from an agreement for sale dated 24.01.2007 between M/s Chemplast Cuddalore Vinyls Limited (respondent no.1/original plaintiff) and ...

High Court

Bombay High Court Allows Appeal Against Remand Order in Property Dispute Over Well Ownership and Construction Obstruction. Lower Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23 CPC by Remanding Without Finding on Preliminary Point.

6 Jun 2022

The appellant-defendant appealed against the judgment and order dated 27 November 2020 passed by the learned Principal District Judge, Amravati, in Re...

High Court

Bombay High Court Allows Husband's Appeal in Restitution of Conjugal Rights Case — Wife's Refusal Without Reasonable Excuse. Filing of Divorce Petition by Wife Does Not Constitute Reasonable Excuse Under Section 9 of Hindu Marriage Act, 1955.

3 May 2019

The case involves a second appeal filed by the husband (original respondent) against the judgment of the District Court, Dhule, which reversed the tri...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Order Rejecting Plaint Under Order 7 Rule 11(a) CPC Set Aside as Plaint Discloses Cause of Action. The court held that the plaint must be read as a whole and if it discloses a cause of action, the plaint cannot be rejected under Order 7 Rule 11(a) CPC.

6 Jul 2020

The petitioners (plaintiffs) filed a suit for declaration and permanent injunction against the respondents (defendants) in O.S. No. 69/2016 before the...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Suit Upholding Trial Court's Finding of Failure to Prove Fraudulent Sale Deed. Appeal Under Section 96 CPC Challenges Dismissal of Suit Where Plaintiff Claimed Agreement of Sale, But Trial Court Found No Proof That Subsequent Registered Sale Deed Was Invalid.

20 May 2021

The matter originated as a suit for specific performance of an agreement of sale. The plaintiff (appellant) claimed that he was a tenant under one J.A...

High Court

High Court of Karnataka Hears Second Appeal Against Reversal of Trial Court Decree in Declaration and Possession Suit. First Appellate Court Reversed Trial Court's Decree Granting Possession of Encroached Land; Second Appeal Challenges Findings on Title, Encroachment, and Limitation.

2 Feb 2024

This matter arises from a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the plaintiff against the judgment an...

High Court

Bombay High Court Allows Appeal in Suit for Injunction and Declaration of Ownership — Dispute Over Agricultural Land and Well. Court Holds That an Order Refusing Temporary Injunction Under Order 39 Rules 1 and 2 CPC Is Appealable Under Order 43 Rule 1(r) CPC and That the Trial Court Must Consider Prima Facie Case, Balance of Convenience, and Irreparable Loss.

30 Nov -0001

The appellants, original plaintiffs, filed a suit for declaration of ownership and permanent injunction in respect of agricultural land and a well. Th...

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