Search Results for "Declaration and Injunction"

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High Court

High Court of Karnataka Dismisses Regular Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court holds that no substantial question of law arises for consideration when both courts below have concurrently found the plaintiff's possession and title based on evidence.

18 Dec 2025

The present regular second appeal was filed by the defendants (appellants) under Section 100 of the Code of Civil Procedure, 1908, challenging the jud...

High Court

High Court of Karnataka Allows Amendment of Plaint in Civil Suit — Due Diligence Test Under Order 6 Rule 17 CPC Not Applicable Before Commencement of Trial. Trial Court Erred in Rejecting Amendment Application on Ground of Lack of Due Diligence When Trial Had Not Commenced.

16 Dec 2025

The petitioners, plaintiffs in a civil suit (O.S. No. 188/2015) pending before the Additional Civil Judge and JMFC, Hungund, filed an application (IA ...

High Court

High Court of Karnataka Dismisses Civil Revision Petition in Suit for Declaration and Injunction — Rejection of Plaint Under Order VII Rule 11 CPC Denied. Court holds that the plaint discloses a cause of action and is not barred by limitation, as the suit is based on a registered sale deed executed in 2019 and the plaintiff's possession was allegedly disturbed in 2022.

15 Dec 2025

The petitioners, defendants in a suit for declaration of title and permanent injunction, filed a civil revision petition challenging the trial court's...

High Court

High Court of Karnataka Allows Amendment of Plaint in Suit for Declaration and Injunction — Order VI Rule 17 CPC Amendment Permitted to Clarify Title and Boundaries. Pre-trial amendment allowed liberally as it did not change nature of suit and was necessary to determine real controversy between parties.

5 Dec 2025

The petitioner, Syed Shakeel Ahamed, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 21.11.20...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Courts Below Upheld. Court holds that plaintiffs failed to prove title and possession over suit property, and that the suit was barred by limitation under Article 65 of the Limitation Act, 1963.

17 Nov 2025

The appellants (original plaintiffs) filed a Regular Second Appeal under Section 100 read with Order XLII Rule 1 of the Code of Civil Procedure, 1908,...

Supreme Court

Supreme Court Reverses High Court Order Permitting Counter-Claim in Property Dispute -- Counter-Claim After Issues Framed and Against Co-Defendant Held Not Maintainable Under CPC

12 Sep 2025

The Supreme Court reversed the High Court of Gujarat's order that permitted defendant no. 2 to amend his written statement and file a counter-claim in...

Supreme Court

Supreme Court Partially Allows Defendants' Appeal in Civil Procedure Matter Regarding Document Production in Land Dispute. Court Sets Aside Order for Production of Mutation Register Under Order 11 Rule 14 CPC as Appellate Stage Against Plaint Rejection Only Permits Examination of Plaint Contents, But Affirms Permission to Raise Additional Grounds in Appeal.

23 Apr 2025

The Supreme Court heard civil appeals by defendants challenging the High Court's order rejecting their writ petition under Article 227 of the Constitu...

High Court

High Court of Karnataka Dismisses Appeal Against Setting Aside of Rejection of Plaint — Suit for Declaration and Injunction Not Barred by Limitation or Res Judicata. The court held that rejection of plaint under Order VII Rule 11 CPC is not warranted when limitation and res judicata are mixed questions of fact requiring trial.

13 Dec 2024

The appellant, S. Chandranna, filed a suit (O.S. No. 180/2016) before the Civil Judge and JMFC, Turuvekere, seeking a declaration of title and permane...

Supreme Court

Restoration of Appeal Allowed: Compromise Non-compliance Entitles Statutory Remedy. Failure to honor compromise terms allows restoration of appeal under the Code of Civil Procedure.

12 Dec 2024

The Supreme Court held that in cases of non-compliance with compromise terms, a party has the statutory right to seek restoration of an appeal. The Hi...

High Court

High Court of Karnataka Allows Appeal in Property Suit — Rejection of Plaint Under Order VII Rule 11 CPC Set Aside. Court holds that a suit for declaration and injunction is not barred by limitation when the plaintiff is in possession and the cause of action is continuous.

15 Nov 2024

The appellant, defendant Nos.1 to 3 in the original suit, challenged the order of the First Appellate Court which had set aside the Trial Court's orde...

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