Search Results for "impleading legal representatives"

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Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
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Search Results for "impleading legal representatives"

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High Court

Madras High Court Allows Impleading of Legal Representatives of Deceased Tenant in Eviction Proceedings Under Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 — Rent Court's Dismissal of Impleading Petition Set Aside. The Court held that the definition of 'tenant' under Section 2(7) of the Act includes legal representatives and that the Rent Court's premature finding on the tenancy merits was erroneous.

27 Mar 2026

The case arises from an eviction petition filed by the landlords (respondents) against the tenant, Anbalagan, before the Principal District Munsif Cou...

High Court

High Court Allows Impleadment Application in Property Appeal Despite 14-Year Delay. Application under Order XXII Rule 10 read with Order I Rule 10 of Code of Civil Procedure, 1908 granted as no time limit prescribed for devolution of interest, and impleadment avoids abatement without prejudice to appellants.

5 Mar 2026

The dispute arose from a suit for possession filed in 1974, which was decreed in favor of the plaintiffs in 2011. The defendants appealed, and during ...

Supreme Court

Supreme Court Rules Appeal Does Not Abate if Estate is Sufficiently Represented.

12 Jan 2026

This judgment concerns two connected civil appeals arising from suits for specific performance and eviction. In Civil Appeal No. 172 of 2026, the High...

High Court

High Court Allows Writ Petitions Challenging Impleading Orders in Land Acquisition References — Reference Court Exceeded Jurisdiction by Allowing Impleading Under Order 1 Rule 10 CPC Without Adjudicating Title. The Court Held That the Land Acquisition Act is a Complete Code and Third Parties Must Establish Title Before a Civil Court.

20 Dec 2024

The High Court of Karnataka at Kalaburagi, presided over by Justice, delivered a common judgment on 20 December 2024 in three connected writ petitions...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in Partition Suit — Order 7 Rule 11 CPC Not Applicable When Plaint Discloses Cause of Action. Court holds that rejection of plaint under Order 7 Rule 11 CPC is permissible only if the plaint does not disclose a cause of action, and the court cannot go beyond the averments in the plaint.

11 Mar 2022

The appellant, Sri Nath M.S., filed a suit for partition and separate possession of suit schedule properties against the respondents, who are his fami...

High Court

High Court of Karnataka Allows Legal Heirs to Continue Execution Without Succession Certificate in Specific Performance Decree. Succession Certificate Not Required Under Order 22 Rule 12 CPC and Section 214 of Indian Succession Act, 1925 for Continuing Execution Proceedings Initiated by Deceased Decree Holder.

22 Oct 2019

The petitioners, legal heirs of the deceased decree holder Mallikarjun Koujalgi, filed a writ petition challenging the order dated 23.08.2018 passed b...

Supreme Court

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.

28 Jan 2019

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...

High Court

High Court of Karnataka Allows Minor Daughter's Partition Suit Against Parents, Holding That a Daughter Is Entitled to a Share in Joint Family Property Under Hindu Succession Act, 1956. The court set aside the trial court's dismissal and decreed the suit, granting the plaintiff a 1/3rd share in the joint family properties.

23 Jun 2017

The appellant, Kumari Lata, a minor daughter represented by her maternal uncle, filed a Regular First Appeal under Section 96 read with Order 41 Rule ...

High Court

Bombay High Court Allows Impleadment of Legal Heirs and Grants Leave to Continue Proceedings in Specific Performance Suit. Transfer of Property During Pendency of Lis Pendens Does Not Affect Rights of Parties Under Order 22 Rule 4 and Rule 10 CPC.

27 Aug 2014

The Plaintiff, Nirav Deepak Modi, filed Suit No. 1166 of 2006 for specific performance of an agreement for sale concerning a suit property. The suit w...

High Court

Bombay High Court Allows Landlord's Eviction Petition in Rent Control Case — Tenant's Use of Residential Premises for Creche Constitutes Change of User and Nuisance. Running a creche in a residential tenancy amounts to change of user and nuisance, justifying eviction under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

10 May 2013

The original plaintiff, Smt. Sudha Sumant Barve (since deceased, represented by legal heirs), owned the ground and first floor of Shrikrupa Building i...

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