Search Results for "Order XLIII CPC"

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High Court

High Court of Karnataka Allows Commercial Appeal in Lease Dispute, Holding Petrol Pump Construction Constitutes Commercial Use Under Commercial Courts Act, 2015. The Court Set Aside the Order Returning the Plaint, Finding that the Dispute Arose from an Agreement Relating to Immovable Property Used Exclusively in Trade or Commerce Under Section 2(1)(c)(vii) of the Act.

17 Mar 2026

The appellants filed a commercial appeal under Section 13(1A) of the Commercial Courts Act, 2015 read with Order XLIII Rule 1 of the Code of Civil Pro...

High Court

High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

17 Feb 2026

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

High Court

Bombay High Court Dismisses Suit for Specific Performance Due to Non-Compliance with Order VI Rule 17 CPC and Lack of Pleading Readiness and Willingness. Plaintiff failed to amend plaint to incorporate essential facts regarding readiness and willingness to perform contract, leading to dismissal of suit.

23 Sep 2025

The plaintiff, Neeta Sawant, filed a suit for specific performance of an Agreement for Sale dated 30th September 2016, by which the defendants agreed ...

High Court

High Court of Karnataka Dismisses Appeal Against Rejection of Temporary Injunction in Property Suit — No Prima Facie Case Made Out for Injunction Against Co-Owners. Plaintiff Failed to Establish Exclusive Possession or Irreparable Injury, and Balance of Convenience Did Not Favor Injunction.

20 Jun 2025

The appellant, Sri Sriramulu, filed a Miscellaneous First Appeal under Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908 (CPC) against an ord...

High Court

High Court of Karnataka Allows Appeal in Suit for Declaration and Injunction — Remand Order Set Aside for Non-Compliance with Order 1 Rule 8 CPC. The appellate court's remand for public notice under Order 1 Rule 8 CPC was held erroneous as the suit was for individual rights, not representative capacity.

30 Jul 2024

The case involves a Miscellaneous Second Appeal filed under Order 43 Rule 1(u) of the Code of Civil Procedure, 1908 (CPC) against the judgment and dec...

High Court

High Court of Karnataka Disposes Writ Petition Challenging Temporary Injunction Order, Permitting Petitioner to Avail Statutory Remedy of Appeal Under Order XLIII Rule 1(r) CPC. The Court Held That When an Alternative Remedy of Appeal is Available, the Writ Petition Under Articles 226 and 227 May Not Be Entertained, and the Petitioner May Be Permitted to File an Appeal Within Two Weeks, Which Shall Be Considered on Merits Disregarding Limitation.

2 Jul 2020

The petitioner, Ahad Euphoria Apartment Owners Welfare Association, was the defendant in a civil suit (O.S.No.1437/2019) filed by the respondent, Mrs....

High Court

High Court of Karnataka Upholds Trial Court's Refusal to Pass Judgment on Admissions in Property Suit. Order XII Rule 6 CPC Judgment on Admissions Cannot Be Based on Disputed Facts Requiring Trial.

5 Mar 2019

The judgment arises from two writ petitions filed against a common order dated 11.02.2014 passed by the XLIII Additional City Civil and Sessions Judge...

High Court

High Court of Karnataka Allows Appeal in Property Dispute Case Due to First Appellate Court's Failure to Consider Evidence Properly. Remand Order Set Aside as Appellate Court Exceeded Its Powers Under Order XLI Rule 23 CPC Without Recording Satisfaction That Decree Was Unsustainable.

18 Dec 2018

The appellant (defendant) challenged the judgment and decree dated 14.08.2012 passed by the Senior Civil Judge, Shorapur, in R.A.No.11/2011, which all...

High Court

Bombay High Court Allows Writ Petition Against Dismissal of Suit for Non-Compliance with Discovery Orders. Order XI Rule 21 CPC Dismissal Set Aside as Trial Court Failed to Record Satisfaction of Willful Disobedience.

19 Jul 2016

The petitioner, United Church of Northern India Trust Association, filed a suit for ejectment against the respondents who were in occupation of its pr...

High Court

High Court of Karnataka Dismisses Appeal in CPC Case — Application Under Order IX Rule 13 Not Maintainable After Appeal Against Ex Parte Decree Is Disposed of on Merits. Explanation to Order IX Rule 13 of CPC bars a second application to set aside ex parte decree when an appeal against it has been heard and disposed of on merits.

2 Feb 2016

The appellant, Anjanappa, filed a Miscellaneous First Appeal under Order XLIII Rule 1(d) of the Code of Civil Procedure, 1908 (CPC) against an order d...

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