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Search Results for "palupatti"

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High Court

Karnataka High Court Quashes Trial Court Order on Court Fee Valuation in Suit for Declaration and Mandatory Injunction. Court holds that when a plaintiff seeks declaration that a document is forged and not binding, the relief is not capable of valuation and court fee is payable under Section 24(d) of the Karnataka Court Fees and Suits Valuation Act, 1958, not under Section 11(2).

29 Apr 2015

The petitioners, who were plaintiffs in O.S.No.166/2006 before the II Civil Judge at Mysore, filed a suit for declaration that a palupatti dated 8.7.1...

High Court

High Court of Karnataka Hears Second Appeal Against Reversal of Trial Court Decree in Declaration and Possession Suit. First Appellate Court Reversed Trial Court's Decree Granting Possession of Encroached Land; Second Appeal Challenges Findings on Title, Encroachment, and Limitation.

2 Feb 2024

This matter arises from a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the plaintiff against the judgment an...

High Court

Karnataka High Court Allows Appeal in Partition Suit — Remands Case for Fresh Consideration of Prior Partition Plea. Trial Court's Decree Set Aside Due to Non-Consideration of Evidence Regarding Alleged 1947 Partition.

11 Dec 2014

The appellants, plaintiffs in a partition suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment...

High Court

High Court of Karnataka Dismisses Regular Second Appeals in Decree and Partition Suits — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for declaration and injunction dismissed as plaintiffs failed to prove title and possession; cross-suit for partition decreed based on prior compromise decree.

13 May 2025

The case involves two connected regular second appeals arising from a common judgment of the Senior Civil Judge, Doddaballapur, in R.A.No.5/2009 and R...

High Court

Karnataka High Court Allows Writ Petitions Challenging Order Refusing to Set Aside Ex-Parte Final Decree in Partition Suit. Court holds that the trial court erred in rejecting application under Order IX Rule 13 CPC without considering that the summons were not duly served and the petitioners had sufficient cause for non-appearance.

26 Mar 2014

The petitioners, who were defendants in a partition suit (O.S. No. 7/2007), filed applications under Order IX Rule 13 of the Code of Civil Procedure, ...

High Court

Karnataka High Court Allows Appeal in Partition Suit — Reverses First Appellate Court's Dismissal and Restores Trial Court's Decree for Equal Half Share. The Court held that the plaintiffs, as daughters of the deceased, are entitled to a share in the joint family property under Hindu Succession Act, 1956, and that the first appellate court erred in reversing the well-reasoned trial court judgment.

27 May 2019

The case involves a partition suit filed by the plaintiffs, who are the daughters of the deceased K.R. Basegowda, against the defendants, who are the ...

Supreme Court

Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

15 May 2026

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...

High Court

High Court of Karnataka Dismisses Revision Petition in Suit for Cancellation of Release Deed — Plaint Not Liable for Rejection Under Order VII Rule 11 CPC as Cause of Action Disclosed. Allegations of Fraud and Misrepresentation in Obtaining Release Deed Constitute a Valid Cause of Action, and the Court Cannot Look into Defense at the Stage of Order VII Rule 11 CPC.

23 Jun 2023

The case arises from a civil suit filed by the plaintiff (respondent herein) seeking cancellation of a registered release deed dated 01.07.2019, alleg...

High Court

High Court of Karnataka Allows Appeal Against Injunction Order in Property Dispute — Temporary Injunction Set Aside for Lack of Prima Facie Case and Balance of Convenience. The court held that the plaintiff failed to establish a prima facie case as the sale deed was executed by a non-owner and the defendants were in possession.

28 Mar 2013

The appellants, defendants in the original suit, challenged the trial court's order dated 02.01.2013 allowing the plaintiff's application for temporar...

High Court

High Court of Karnataka Allows Appeal in Property Injunction Case — Trial Court Erred in Dismissing Injunction Applications Without Considering Prima Facie Case and Balance of Convenience. Order 39 Rule 1 and 2 CPC — Court Held That Plaintiff's Possession and Title Must Be Protected Pending Suit.

19 Jan 2024

The appellant, Smt. Jagadishwari, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC) against the o...

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