Search Results for "Order XXXIX"

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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.

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...

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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.

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...

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Bombay High Court Dismisses Appeal Against Rejection of Application to Set Aside Dismissal of Appeal for Non-Compliance of Order to Bring Legal Representatives on Record. Order XXXIX Rule 11 CPC Held Inapplicable to Dismissal for Default; Sufficient Cause Not Shown Under Order XLI Rule 17 CPC.

The appellants, original defendants in a suit for damages, filed Regular Civil Appeal against the decree granting damages to the respondents. During t...

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Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Suit Challenging Compromise Decree. Interpretation of Kachhi Properties Judgment Clarified: No Automatic Stay of Execution Proceedings Upon Filing of Suit for Declaration that Decree is Void.

The Bombay High Court heard two appeals from orders rejecting temporary injunction applications. The first appeal (AO 884/2010) challenged an order da...

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Bombay High Court Upholds Trial Court's Decision to Frame Preliminary Issue on Jurisdiction in Money Recovery Suits. Court holds that Order XIV Rule 2 CPC allows framing of preliminary issue on jurisdiction even if it involves mixed questions of law and fact.

The petitioners, original plaintiffs in five separate Special Civil Suits for recovery of money and paintings, challenged an order dated 11.06.2012 pa...

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Bombay High Court Upholds Striking Out of Defence for Non-Payment of Interim Maintenance in DV Act Case. Failure to Pay Maintenance Justifies Coercive Measure Under Section 23 of Protection of Women from Domestic Violence Act, 2005.

The petitioner, Girish Vijaysingh Pardeshi, challenged an order dated 31/03/2018 passed by the learned Judicial Magistrate First Class, Court No. 7, J...

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Bombay High Court Allows Wife's Appeal Against Dismissal of Petition and Striking Out of Defence Under Order XXXIX Rule 11 CPC. Non-Compliance with Access Orders Disputed; Video Evidence and Counsellor Report Considered.

The appellant wife filed Family Court Appeal No.20 of 2013 challenging the order dated 8th November 2012 passed by the Family Court at Mumbai. By that...

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Bombay High Court Appoints Court Receiver in Property Dispute Between Family Members Over Sonal Building and Flat No.3A. Court Receiver appointed under Order XL CPC for building and flat, with power to appoint agent for use on payment of compensation.

The present Notice of Motion was taken out by the plaintiff, Rohit Vanmalidas Mehta, in a suit pending before the Bombay High Court. The dispute perta...