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Madras High Court Dismisses Second Appeal in Obstruction Application, Upholds Execution Court's Order. Pendente Lite Purchaser Cannot Raise Defense of Bonafide Purchaser; Decree Against Vendor Binds Subsequent Purchaser.

The second appeal arose from execution proceedings in a suit for declaration of title and recovery of possession. The respondent Balan had filed O.S.N...

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Madras High Court Dismisses Condonation of Delay Petition in Specific Performance Suit — 1749-Day Delay Unexplained. Petitioners Failed to Show Sufficient Cause for Delay in Filing Revision Against Dismissal of Application to Set Aside Exparte Decree.

The petitioners, defendants in a suit for specific performance of an agreement of sale dated 01.03.2012, faced an exparte decree. They filed an applic...

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Madras High Court Allows Husband's Appeal and Grants Divorce Decree Under Section 13(1A)(ii) Hindu Marriage Act Due to Wife's Failure to Enforce Restitution Decree. Trial Court Erred in Holding Fresh Petition Not Maintainable and in Treating Police Complaint as Enforcement Step.

The marriage between the appellant (husband) and the respondent (wife) was solemnized on 2 February 2009 according to Hindu rites and customs. They li...

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High Court of Karnataka Allows Husband's Appeal in Divorce Case on Ground of Desertion — Sets Aside Trial Court's Dismissal of Petition. Marriage Dissolved Under Section 13(1)(ib) of Hindu Marriage Act, 1955 as Wife's Absence for Over 7 Years Constitutes Desertion.

The appellant, Bhimrao S/o Namdev Savnt, filed a petition under Section 13(1)(ib) of the Hindu Marriage Act, 1955, seeking dissolution of his marriage...

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High Court of Karnataka Quashes Order Setting Aside Ex-Parte Decree in Injunction Suit — Petitioner/Plaintiff Succeeds in Restoring Ex-Parte Decree. Trial Court's Order Allowing Restoration Under Order IX Rule 13 CPC Set Aside Due to Lack of Sufficient Cause for Non-Appearance.

The petitioner, Nagireddy, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 09.10.2017 passed by the 31...

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Bombay High Court Upholds Condonation of 959 Days Delay in Filing Appeal Against Ex-Parte Decree — Sufficient Cause Shown by Defendant's Non-Service. Order VI Rule 14A CPC Requires Registered Address; Absence Thereof Justifies Delay.

The case involves a civil revision application filed by the original plaintiffs challenging the order of the lower appellate court dated 07.11.2015, w...

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Bombay High Court Dismisses Husband's Appeal Against Permanent Alimony and Residential Accommodation for Wife Under Section 25 of Hindu Marriage Act, 1955. Family Court's Order for Rs.5,000 Monthly Maintenance and Rs.3,00,000 for Housing Upheld as Husband Failed to Show Changed Circumstances.

The appellant husband and respondent wife were married under Hindu law. The Family Court dissolved the marriage by an ex parte decree of divorce under...

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High Court of Karnataka Dismisses Second Appeal in Property Dispute — Ex-parte Decree Set Aside Application Rejected Due to Lack of Sufficient Cause. Order IX Rule 13 CPC Application Dismissed as Appellant Failed to Prove 'Sufficient Cause' for Non-Appearance.

The appellant-defendant, Sri M. Nagesh Suvarna, as Managing Trustee of Sri Koradabbu Daivasthana, filed a Regular Second Appeal under Section 100 read...

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High Court of Karnataka Allows Appeal in Property Suit — Remand Order Set Aside Due to Lack of Jurisdiction. First Appellate Court Exceeded Its Powers Under Order 41 Rule 23 CPC by Remanding Suit Without Satisfying Conditions for Remand.

The appellants, as plaintiffs, filed a suit for declaration of ownership, possession, and permanent injunction in respect of suit schedule property. T...