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High Court of Karnataka Quashes Execution Court Order Dismissing Stay Application Under Order 21 Rule 29 CPC for Non-Prosecution — Petitioner's Right to Seek Stay Revived. Dismissal for default does not bar a fresh application or restoration as it is not a decision on merits.

The petitioner, Sanjeev Doddamani, was the plaintiff in O.S.No.570 of 2022 filed for recovery of money. The suit was decreed ex-parte against the resp...

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High Court of Karnataka Allows Appeal Against Ex-Parte Decree in Recovery Suit — Sets Aside Order Rejecting Application Under Order 9 Rule 13 CPC. Failure to Serve Summons Properly and Lack of Knowledge of Proceedings Constitute Sufficient Cause for Setting Aside Ex-Parte Decree.

The appellant, Shri K. Raja, filed a Miscellaneous First Appeal under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 (CPC) against an order d...

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High Court of Karnataka Allows Appeal Against Ex-Parte Decree in Suit for Recovery of Money — Sets Aside Order Rejecting Application Under Order 9 Rule 13 CPC. Failure to Serve Summons Properly and Lack of Knowledge of Proceedings Constitute Sufficient Cause for Setting Aside Ex-Parte Decree.

The appellant, Shri K. Raja, filed a Miscellaneous First Appeal under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 (CPC) against an order d...

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Karnataka High Court Sets Aside Order Restoring Ex-Parte Regular Appeal Filed by Defendant in Title Suit. Presumption of Service Under Section 27 of General Clauses Act, 1897 Stands Unrebutted as Power of Attorney Holder Lacked Personal Knowledge to Lead Evidence.

The Civil Revision Petition arose out of a title suit (O.S. No. 466/2011) filed by one Smt. Akkayamma seeking declaration of title and permanent injun...

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Bombay High Court Allows Wife's Appeal in Child Custody Case Due to Lack of Proper Service. Trial Court's Ex-Parte Order Handing Over Minor Daughter's Custody to Father Set Aside for Violation of Natural Justice.

The appellant, Jayshri Gajendra Mahajan, wife of the respondent Gajendra Pandit Mahajan, filed an appeal against the judgment and order dated 16th Jun...

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Bombay High Court Quashes Collector’s Order Declaring Gram Panchayat Seats Vacant Under Section 13A of Maharashtra Village Panchayats Act. Timely Dispatch of Resignation by RPAD Held Sufficient Compliance; Receipt After Deadline Does Not Invalidate Resignation.

The petitioner, Kaveri Hanumant Borge, was elected as a member of the Babhalkhunta Gram Panchayat and directly elected as Sarpanch on 9th October 2017...

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Bombay High Court Allows Landlord's Revision Against Reversal of Eviction Decree in Rent Default Case. Tenant's Willful Default Established Despite Claim of Payment Through Money Orders.

The case involves a civil revision application filed by the landlord, Anant Tulshiramji Bajaj, against the judgment and decree of the Principal Distri...