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Search Results for "FDP proceedings"

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High Court

High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. No Substantial Question of Law Arises as Courts Below Concurrently Held That Suit Property Was Joint Family Property and Plaintiffs Were Entitled to Share.

18 Jun 2026

The appellants, who were the defendants in a partition suit, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC...

High Court

High Court of Karnataka Allows Writ Petition in Final Decree Proceedings — Mesne Profits Must Be Determined Before Auction Sale. Held that mesne profits under Section 2(12) CPC are a substantive right that cannot be deferred until after the sale of property in final decree proceedings.

10 Dec 2025

The petitioner, Sri S.P. Suresh, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging two orders passed by the XV...

High Court

High Court of Karnataka Allows Appeal in Final Decree Proceedings — Non-Compliance with Preliminary Decree Directions Renders Final Decree Unsustainable. The court set aside the final decree in FDP No.9/2013 as the trial court failed to ensure compliance with the preliminary decree's directions regarding payment of owelty and costs before drawing the final decree.

16 Apr 2025

The appeal arises from a final decree in FDP No.9/2013 passed by the Principal Senior Civil Judge, Saundatti. The appellant, who was the 1st responden...

High Court

High Court of Karnataka Quashes Dismissal of Final Decree Petition for Default in Partition Suit. Final decree proceedings cannot be dismissed under Order IX Rule 8 CPC as they are a continuation of the suit and must be decided on merits.

28 Jun 2024

The petitioners, who were plaintiffs in a suit for partition and separate possession, obtained a preliminary decree. Subsequently, they filed a final ...

High Court

High Court of Karnataka Dismisses Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Partition Suit — Petitioner Failed to Show Sufficient Cause for Non-Appearance. The court held that mere denial of service without evidence is insufficient to set aside an ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908.

22 Mar 2024

The petitioners, legal representatives of the original defendant Kadappa, filed a writ petition under Article 227 of the Constitution of India challen...

High Court

Karnataka High Court Allows Revision Petition in Property Declaration Suit — Order VII Rule 11(d) CPC Application Rejected as Plaint Discloses Cause of Action. Court holds that the plaint cannot be rejected under Order VII Rule 11(d) CPC when the plaintiff's claim is based on a different title and the earlier decree is challenged as not binding.

23 Jun 2023

The case arises from a civil revision petition filed by the petitioner (defendant No.1 in the original suit) challenging the order dated 02.06.2022 pa...

High Court

High Court of Karnataka Sets Aside Trial Court Order in Final Decree Proceedings for Lack of Jurisdiction — Order on I.A.Nos.15, 16 and 17 in FDP No.2/2008 Quashed for Exceeding Scope of Preliminary Decree and Violating Principles of Natural Justice.

19 Jul 2022

The present writ petition was filed by the petitioners (defendants in the original suit) challenging the order dated 10.06.2022 passed by the learned ...

High Court

High Court of Karnataka Dismisses Revision Petition in Final Decree Proceedings — Rejection of Review Application Under Section 47 CPC Upheld. Court holds that objections to execution of a decree cannot be raised after final decree is passed and that a review application is not maintainable when the decree has merged with a higher court's order.

6 Dec 2019

The revision petition arises out of the impugned judgment and order dated 16.06.2016 passed in FDP No.113/2010 on the file of the XXII Additional City...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Final Decree Proceedings in Partition Suit — Upholds Trial Court's Discretion to Appoint Commissioner for Division of Property by Metes and Bounds Under Order 26 Rule 9 CPC. The court held that appointment of a Commissioner is a procedural step to assist the court in effecting partition and does not determine rights; parties can file objections to the Commissioner's report.

23 Sep 2015

The petitioner, Sri G. Sathyavelu, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging two orders passed by the X...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Amendment in Final Decree Proceedings — Inclusion of Joint Family Property Permitted Under Order 6 Rule 17 CPC. The court held that final decree proceedings are a continuation of the suit and amendment to include inadvertently omitted joint family property is permissible to avoid multiplicity of suits.

7 Jul 2015

The petitioner, Smt. Janaki, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 17.08.2012 passed by the ...

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