Search Results for "Order XXIII CPC"

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Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...
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Search Results for "Order XXIII CPC"

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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 Allows Compromise Decree in Property Suit Despite Third-Party Intervention Claim — Consent Terms Binding on Parties, Intervener's Rights Not Affected. The Court held that a compromise between the original parties does not affect the rights of a third party claiming independent title, and such third party need not be impleaded in the suit.

29 Nov 2024

The judgment arises from a suit filed by Vinesh Rashmikant Shah and others (Plaintiffs) against Pee Jay Traders and others (Defendants) concerning dis...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds trial court and first appellate court decrees granting 1/3rd share to plaintiff in joint family property, rejecting appellant's claim of ouster and adverse possession.

12 Jul 2024

The case involves a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellants (defendants) against the jud...

High Court

Bombay High Court Dismisses Petition Challenging School Tribunal's Dismissal of Appeal as Barred by Order XXIII Rule 1 CPC — Termination of Headmaster Upheld Due to Withdrawal of Earlier Appeals Without Liberty to File Fresh Appeal. The court held that the third appeal on the same cause of action was barred under Order XXIII Rule 1 of the Code of Civil Procedure, 1908, despite the termination being illegal under the MEPS Act.

12 Jun 2024

The petitioner, a headmaster appointed on 19th June 1991, was terminated by an order dated 6th October 2001. He initially filed Appeal No. 99 of 2001 ...

Supreme Court

Supreme Court Allows Appeal in Civil Procedure Case on Maintainability of Suit Challenging Compromise Decree. The Court held that an independent suit to set aside a compromise decree is barred under Order XXIII Rule 3A of the Code of Civil Procedure, 1908, and the Trial Court correctly rejected the plaint under Order VII Rule 11(d).

9 Feb 2022

The dispute arose from a property gifted to the original plaintiff during his minority, which was later revoked, leading to a development agreement an...

Supreme Court

Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

30 Jun 2021

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Partition Suit — Order VII Rule 11 CPC Not Applicable When Suit Not Barred by Law. The pendency of a probate proceeding does not bar a suit for partition and the plaint cannot be rejected under Order VII Rule 11 CPC.

8 Jan 2020

The appellant, Sri Venkatalingaiah Murthy, filed a petition for Letters of Administration (P&SC No.63/2011) in respect of the Will of late Sri K. Moha...

High Court

Bombay High Court Dismisses Civil Revision Application Challenging Order Granting Liberty to Withdraw Suit and File Arbitration. Arbitration Agreement Enforceable Despite Unregistered Partnership Firm Under Section 69 of Partnership Act, 1932.

23 Oct 2018

The case involves a civil revision application filed by the applicant (original defendant) under Section 115 of the Code of Civil Procedure, 1908, cha...

High Court

High Court of Karnataka Dismisses Revision Petition in Suit for Declaration and Injunction — Order Rejecting Application Under Order 23 Rule 1 CPC Upheld. The court held that withdrawal of a suit before filing of written statement and without adjudication on merits does not bar a subsequent suit on the same cause of action under Order 23 Rule 1 CPC.

10 Aug 2015

The revision petition was filed by the defendant No.5 in O.S.No.144/2012 challenging the order of the Senior Civil Judge, Anekal, dated 28.9.2013 dism...

High Court

Bombay High Court Dismisses Appeal in Property Suit — Upholds Trial Court's Refusal of Temporary Injunction for Lack of Prima Facie Case and Balance of Convenience. The court held that the appellants failed to establish a prima facie case for injunction under Order 39 Rules 1 and 2 CPC as the property was in the name of the respondent and no joint ownership was proved.

30 Nov -0001

The appellants, Smt. Vishankumari Udaysingh Varma and Smt. Manju Udaysingh Varma, filed First Appeal No.627 of 2016 in the Bombay High Court against t...

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