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Results of declaration suit

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Showing : 111-120 of 1409 Results

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Limitation Act, 1963, Article 59, Specific Relief Act, 1963, Section 34, 38 -- Limitation - Suit for declaration and perpetual injunction - Sale deed executed by defendant no.1 in favour of defendant no.2 during pendency of earlier suit of declaration filed by plaintiff - Question of limitation does not arise since sale deed was executed during pendency of suit property -..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 21, Rule 26, 29 -- Stay of execution proceedings - Once judgment and decree passed in favour of predecessor-i, interest of DH has attained finality, execution of same cannot be stayed simply because another civil suit stands filed now by JDs for declaration and injunction against DH, that too same issue agitated which issue already stands..........

MADRAS HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction without seeking relief of declaration - Maintainability - Where defendants failed to establish their claim of title, possession and enjoyment of disputed property and plaintiffs on the other hand proved their ownership, possession and enjoyment of suit property, there is no need for plaintiff to seek..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for declaration of ownership and perpetual injunction - Gram Panchayat chose not to defend the matter even after filing application U.O.7.R.11 CPC - It was only after fresh elections new Gram Panchayat moved application U.O.9.R.13 CPC - Issue of delay in filing application in such..........

CHHATTISGARH HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title, injunction and for possession - Execution of two sale deeds by vendor of the same property - Sale deed executed in favour of plaintiff prior in time - Since property was already purchased by plaintiff as such further alienation of suit land will not confer any right, title or interest upon the..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Hindu Succession Act, 1956, Section 15 -- Property of Hindu female dying intestate - Hindu female inherited property of her husband on basis of Will - Same was duly accepted by plaintiffs being step children of Hindu female - She died intestate without executing any Will during her lifetime - Property thus, has to devolve upon her successors as per provisions of the Act -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership - Father executed Will in favor of second wife - Same was duly accepted by plaintiffs being step children - Merely because property originally belonged to father of plaintiffs, it cannot be a ground to decree their suit...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Daughter seeking impleadment after death of her father and mother claiming share left behind by them - Partition effected pursuant to decree passed in earlier suit for declaration cannot in any way disentitle daughter from claiming share in property of her father and mother - Though..........

ORISSA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Delivery of possession - Suit for declaration and recovery of possession and permanent injunction - Executing Court issuing delivery of possession as sought by DH in the proceeding, when Appellate Court held that plaintiff is in possession of suit land - Said order of Executing Court attained finality - Thereafter,..........

PATNA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 11 - - Constructive res-judicata - Earlier suit for declaration of title and subsequent suit for possession - Earlier suit was between same parties for same property - Even, issue involved in subsequent suit is directly and substantially involved in earlier - Moreover, only on guise of forceful dispossession by plaintiff, it cannot be..........

Showing : 111-120 of 1409 Results