Search Results for "collusive decrees"

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High Court of Karnataka Quashes Tahsildar's Endorsement Rejecting Mutation Entry for Land Granted Under Section 94 of Karnataka Land Revenue Act, 1964. Revenue Authorities Cannot Adjudicate Title or Validity of Grant in Mutation Proceedings; Mutation Entries Are Only for Fiscal Purposes.

The petitioners, five individuals, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at...

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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

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High Court of Karnataka Allows Revision Against Restoration of Possession in Execution Proceedings — Compromise Decree Set Aside Without Notice to Decree Holder Violates Natural Justice. Order XXI Rule 99 CPC Application Cannot Be Decided Without Hearing the Decree Holder.

The petitioner, Smt. Leelavathi, filed a civil revision petition under Section 18 of the Karnataka Small Causes Courts Act, 1964, challenging an order...

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Bombay High Court Allows Amendment in Suit for Specific Performance and Injunction — Delay Condoned Due to Sufficient Cause. Amendment sought to incorporate subsequent events and additional reliefs held necessary for complete adjudication of dispute.

The present application was filed by the applicants/plaintiffs, Meteor Estates Pvt. Ltd. and Romesh Satyanarayan Sharma, seeking amendment of the plai...

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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.

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...

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Madras High Court Dismisses Appeal in Title Suit — Plaintiff Fails to Prove Title and Possession Over Suit Property. Declaration of Title Denied as Sale Deed Did Not Contain Approved Layout Plan and Plaintiff Failed to Establish Continuous Possession.

The appellant, T.S. Krishnamoorthy, filed an appeal against the dismissal of his suit O.S. No. 13520 of 2010 by the VII Additional Judge, City Civil C...

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Supreme Court Upholds Decree for Specific Performance of Agreement to Sell Joint Hindu Family Property by Karta. Readiness and Willingness of Plaintiff to Perform Contract is a Finding of Fact Binding on Appellate Courts.

The Supreme Court dismissed the appeal filed by the defendants (legal representatives of the original defendant No.1 and defendant Nos. 2 and 3) again...