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High Court of Karnataka Dismisses Petitioner's Writ Petition Challenging Rejection of Commissioner Appointment in Civil Suit. Trial court's discretionary order under Order 26 Rule 9 CPC not interfered with as no jurisdictional error found.

The petitioner, Smt. Roshanbi, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 28/07/2012 pa...

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Bombay High Court Allows Appeal Against Recall of Commissioner Appointment in Commercial Suit — Coordinate Bench Cannot Recall Orders of Another Coordinate Bench Unless Per Incuriam. Order Appointing Commissioner Without Reasons Is Not Per Incuriam Under Order XVIII Rule 4 CPC.

The reference before the Division Bench arose from an order dated 4 July 2012 of a learned Single Judge (B.R. Gavai J.) in Suit No.550 of 2003. The su...

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High Court of Karnataka Allows Amendment in Suit for Specific Performance to Include Alternative Relief of Refund of Advance Amount. Amendment Sought Under Order VI Rule 17 CPC and Section 22 of Specific Relief Act, 1963 Held Permissible as It Does Not Change Nature of Suit.

The petitioner, M/s. Samrudhi Groups, a registered partnership firm, filed a suit for specific performance of contract (O.S.No.281/2017) against the r...

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Karnataka High Court Considers Second Appeal in Property Dispute: Unregistered Sale Deed and Adverse Possession. The Substantial Questions of Law Include Whether Unregistered Sale Deed Can Be Used Collaterally to Establish Possession for Adverse Possession.

The present regular second appeal was filed by the legal representatives of the original plaintiff, Sudheendra Rao Kasabe, challenging the judgment an...

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Karnataka High Court Dismisses KSFC's Petition to Implead in Specific Performance Suit. Mortgagee is not a necessary party to a suit for specific performance of a contract for sale.

The Karnataka State Financial Corporation (KSFC) filed writ petitions challenging the order of the II Additional Senior Civil Judge, Mangalore, dated ...

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High Court of Judicature at Bombay Considers Challenge to Arbitral Award Under Section 34 of Arbitration Act in Property Development Dispute. Petitioners Argue Award is Unreasoned and Arbitrator Failed to Independently Analyze Submissions, Seeking Set Aside.

Background: The matter involved a property development dispute concerning three tribal (Adivasi) lands in Malad, Mumbai. The petitioners were legal he...