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Gujarat High Court Dismisses Recall Application in Property Suit — Inherent Power Under Section 151 CPC Cannot Be Used to Rehear Appeal on Merits. Recall of order dated 18.07.2025 refused as applicant failed to establish fraud, mistake of court, or lack of jurisdiction.

The present application was filed by Jashwantlal Tulsidas (original plaintiff in Special Civil Suit No.135/2024) under Section 151 of the Code of Civi...

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Bombay High Court Allows Second Appeal in Partition Suit — Sales by Karta Not Binding on Coparceners. Court holds that alienation of joint family property by a karta without legal necessity or benefit to estate does not bind other coparceners under Hindu law.

The case involves a second appeal filed by the original defendant No.1 against the judgment of the appellate court in a partition suit. The plaintiffs...

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Madras High Court Dismisses Revision Against Order Allowing Withdrawal of Partition Suit with Liberty to File Fresh Suit. Trial Court's Discretion Under Order XXIII Rule 1 CPC Upheld as No Perversity or Jurisdictional Error Found.

The case arises from a suit for partition and separate possession filed by the plaintiff (first respondent) in O.S. No.169 of 2008 before the District...

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High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Trial Court's Decree for 5/7th Share. Appellant's claim of adverse possession and independent title rejected as she failed to prove exclusive possession and the suit property was ancestral joint family property.

The Regular First Appeal No.4169 of 2012 was filed under Section 96 of the Code of Civil Procedure, 1908, before the High Court of Karnataka, Dharwad ...

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Bombay High Court Heard Writ Petition Challenging Interim Stay of Consent Decree in Fraud Allegations. The Court Examined Whether Third Parties Can Apply for Recall of Consent Decree Under Order XXIII Rule 3 and Section 151 of Code of Civil Procedure, 1908.

The writ petition arose from a challenge to an interim order of a Civil Judge staying a consent decree and restoring a disposed suit at the instance o...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement to Sell Not Proved as Genuine and Enforceable Due to Lack of Credible Evidence and Discrepancies in Pleadings.

The appellant, Harish, filed a suit for specific performance of an agreement to sell dated 05.12.2008 allegedly executed by the respondents in his fav...

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Supreme Court Allows Appeal of Subsequent Purchasers in Specific Performance Suit — Agreement for Sale Held Sham and Not Intended to Be Acted Upon. Evidence Act Sections 91 and 92 Do Not Bar Proof of Sham Transaction; Subsequent Purchasers Are Bona Fide Purchasers Without Notice.

The appeal arose from a suit for specific performance of an agreement for sale dated 7th December 1981 executed by the first defendant in favour of th...