Search Results for "Order XLIII CPC"

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Search Results for "Order XLIII CPC"

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High Court

High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Property Dispute — Orders Notice to Defendants Without Granting Injunction. Court holds that granting ex parte injunction without recording satisfaction of exceptional circumstances under Order 39 Rule 3 CPC is improper.

30 Jun 2026

The appellant in MFA 3477/2026, Sri Suresh Babu J N, and the appellants in MFA 3478/2026, Smt. B Rajeshwari and others, filed miscellaneous first appe...

High Court

High Court of Karnataka Dismisses Writ Petition Under Article 227 of Constitution of India as Alternative Remedy Available Under Commercial Courts Act, 2015. Order Rejecting Plaint in Commercial Suit Amounts to Decree Under Section 2(2) of Code of Civil Procedure, 1908, Making Appeal Maintainable Under Section 13(1A) of Commercial Courts Act, 2015 to Commercial Appellate Division of High Court.

10 Mar 2026

The dispute arose from a writ petition filed under Article 227 of the Constitution of India by a plaintiff, seeking to quash an order dated 03-02-2026...

High Court

High Court Dismisses Commercial Appeal by Appellant Against Order Rejecting Return of Plaint Application -- Maintainability Under Commercial Courts Act, 2015 and CPC -- Jurisdiction Dispute in Commercial Suit

29 Jan 2026

The High Court dismissed a commercial appeal filed against an order rejecting an application under Order VII Rule 10 of CPC seeking return of plaint o...

Supreme Court

Supreme Court Allows Appellant in Civil Procedure Dispute Over Maintainability of Appeal Against Consent Decree. Court Held That Party to Suit Can Directly File First Appeal Under Section 96 of Code of Civil Procedure, 1908, Despite Section 96(3) Bar, as 1976 Amendment Introduced Order XLIII Rule 1-A(2) Preserving Such Remedy.

23 Apr 2025

The appeal arose from a dispute over land in Siddhpur, District Patan, involving multiple parties including the appellant Sakina Sultanali Sunesara an...

High Court

Bombay High Court Dismisses Appeals Against Consent Terms Recording Satisfaction of Arbitral Award as Not Maintainable. Execution of Arbitral Award Governed by Arbitration Act, Not Commercial Courts Act; Appeals Confined to Section 37 of Arbitration Act.

14 Dec 2024

The Bombay High Court dismissed three commercial appeals filed by Usha Kakade, Sanjay Kakade, and Kakade Construction Company Pvt. Ltd. against an ord...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Case — Ex-parte Decree Set Aside Due to Improper Service of Summons. First Appellate Court's Order Restored as Trial Court Failed to Comply with Order V Rule 17 CPC.

14 Jan 2022

The appellant/plaintiff filed a suit for specific performance of contract (O.S.No.126/2007) alleging that the respondent/defendant executed an agreeme...

High Court

High Court of Karnataka Allows Appeal in CPC Case — Sets Aside Order Dismissing Application Under Order XXXIX Rule 2-A for Non-Prosecution. Restoration of Application Granted as Plaintiff Was Not Given Sufficient Opportunity to Be Heard.

5 Oct 2021

The appellant, Shantinath, was the plaintiff in O.S.No.306/2007 pending before the Senior Civil Judge and JMFC, Indi. He filed an interlocutory applic...

High Court

High Court of Bombay Division Bench Hears Reference on Appealability of Interim Injunction Orders in Regular Civil Appeals. Reference Concerns Whether Order 43 Rule 1(r) CPC Covers Interim Injunctions Granted by First Appellate Courts Under Order 41 CPC.

17 Sep 2018

This matter came before a Division Bench as a reference made by a learned Single Judge of the High Court who doubted the correctness of earlier single...

High Court

Bombay High Court at Goa Dismisses Petitions Challenging Maintainability of Appeal Under Order XLIII Rule 1(r) CPC. Court Holds That Appeal Under Order XLIII Rule 1(r) CPC Lies Against Orders Under Order XXXIX Rule 1 CPC, Including Those Not Expressly Granting or Refusing Injunction.

8 Mar 2018

The petitioners, Augusto T. D'Souza and Ana D'Souza, filed writ petitions in the High Court of Bombay at Goa challenging an order dated 01/12/2012 pas...

High Court

Bombay High Court Dismisses Appeals as Not Maintainable: Order on Territorial Jurisdiction Not Appealable Under Section 13 of Commercial Courts Act. The Court Holds That Orders Under Section 9-A CPC Are Not Enumerated in Order XLIII CPC or Section 37 Arbitration Act, Limiting Appeals in Commercial Disputes.

14 Sep 2017

The dispute arose out of two commercial suits filed before the Bombay High Court, where the plaintiffs claimed reliefs and the defendants raised preli...

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