Search Results for "Order XXXIX CPC"

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Search Results for "Order XXXIX CPC"

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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 Karnataka Dismisses Appeal Against Rejection of Application Under Order XXXIX Rule 2A CPC for Alleged Violation of Injunction Order. Court holds that mere filing of a suit for permanent injunction does not automatically establish willful disobedience of an interim order without proof of specific notice and deliberate defiance.

23 Feb 2021

The appellants, who were plaintiffs in a suit for permanent injunction, filed an application under Order XXXIX Rule 2A CPC alleging that the responden...

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 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.

14 Nov 2014

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

High Court

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.

22 Feb 2013

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

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...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Involving 'Ankur' Mark — Plaintiff Establishes Prima Facie Case of Passing Off and Likelihood of Confusion. The court held that the defendants' use of the identical mark 'Ankur' for identical goods constitutes infringement and passing off under the Trade Marks Act, 1999.

10 Nov 2025

The plaintiff, Innovations Garment Pvt. Ltd., filed a suit for trademark infringement and passing off against the defendants, Bhavesh Ramjibhai Gada a...

High Court

High Court Dismisses Writ Petition Under Article 227 Challenging Refusal of Ex-Parte Injunction in Civil Suit, Citing Availability of Appeal Under CPC. Petitioner's Challenge to Trial Court Order Fails Due to Alternative Statutory Remedy

22 Jan 2026

The petitioner filed a writ petition under Article 227 of the Constitution of India challenging an order dated 01.07.2022 by the Trial Court that refu...

High Court

High Court of Karnataka Dismisses Appeal Against Rejection of Plaint in Real Estate Dispute — RERA Bar Under Section 79 Applies to Civil Suits for Possession and Damages. The court held that a civil suit for possession and damages against a developer is barred by Section 79 of the Real Estate (Regulation and Development) Act, 2016, as the dispute falls within the purview of the Real Estate Regulatory Authority.

20 Dec 2024

The case involves a dispute between M/s H.M. Infra Tech Pvt. Ltd. (formerly a partnership firm) and the H.M. Tamborine Apartments Owners Association a...

High Court

High Court of Karnataka Allows Writ Petitions in Succession Dispute Over Will Execution — Court Sets Aside Trial Court Order Dismissing Application for DNA Test of Will Executant. The Court Held That When Execution of a Will is Disputed on Grounds of Forgery or Fraud, DNA Profiling of the Testator May Be Ordered to Ascertain Genuineness Under Section 45 of the Indian Evidence Act, 1872.

24 Apr 2026

The case involves two writ petitions filed by Mrs. Shruti Sood alias Shruti Banerji, the widow of Late Amit Banerji, against her mother-in-law Mrs. Sa...

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