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  An application under Order XXI Rule 97 of the CPC for removal of obstruction cannot be entertained to resolve dispute between the decree holder and a person claiming title through the decree holder - an alleged purchaser. The applicant has liberty to file a separate suit to establish his claim. Karnataka High Court.

  • 16-October-2025
  • Daksha Legal
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  A suit for mandatory and perpetual injunction seeking removal of an encroachment on a public road, when filed by a user of that road, is maintainable even without a prayer for declaration of title or public right, especially when the fact of encroachment is established by the evidence. Karnataka High Court.

  • 16-October-2025
  • Daksha Legal
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  When the court finds that sufficient oral and documentary evidence already exists for the adjudication of the issues, Court Commissioner cannot be appointed only to resolve any ambiguity or aid in the appreciation of existing material. Karnataka High Court.

  • 16-October-2025
  • Daksha Legal
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  An agreement to sell property, when execution of the sale deed is postponed due to the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, is not void. A suit for specific performance can be decreed once the Fragmentation Act is repealed. Karnataka High Court.

  • 16-October-2025
  • Daksha Legal
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  Although a writ petition challenging an ex parte injunction order passed by the trial court is maintainable, the High Court should refrain from exercising its discretionary jurisdiction when an application seeking discharge of the ad-interim ex parte injunction is already pending before the trial court. Karnataka High Court.

  • 15-October-2025
  • Daksha Legal
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  Mohammedan Law. In the absence of a legal guardian i.e. father or grandfather, the mother, as the de facto guardian, can act on behalf of her minor son and accept an oral gift. She has no authority to transfer any right or interest in the minor’s immovable property. Karnataka High Court.

  • 15-October-2025
  • Daksha Legal
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  In a suit for specific performance, a third party who demonstrates a direct interest in the suit property on the basis of a prior agreement of sale and an irrevocable power of attorney from the original owners is a necessary party, as their presence is essential for the complete and effective adjudication of the dispute. Karnataka High Court.

  • 15-October-2025
  • Daksha Legal
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  Prevention of Money Laundering Act. The Appellate Tribunal does not possess the inherent power to remand a case back to the Adjudicating Authority. The Appellate Tribunal is a creature of Statute with limited, specifically conferred powers, and the Act does not explicitly vest the power of remand in the Appellate Tribunal. Karnataka High Court.

  • 15-October-2025
  • Daksha Legal
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  When a decree passed against dead respondent in the first appeal is declared as nullity by the High Court in the second appeal, the first Appellate Court retains jurisdiction to entertain applications for bringing the legal representatives of the deceased respondent on record. Karnataka High Court.

  • 14-October-2025
  • Daksha Legal
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  Hindu Minority and Guardianship Act. The requirement of prior court permission under Section 8 does not extend to an agreement of sale executed by a natural guardian. A suit for specific performance cannot be dismissed solely for want of such permission. Karnataka High Court.

  • 14-October-2025
  • Daksha Legal
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  Suit for partition. A property acquired by a female through a sale deed and subsequently gifted to another person cannot be subjected to partition especially during her lifetime, unless the plaintiffs establish a pre-existing right in that property. Karnataka High Court.

  • 14-October-2025
  • Daksha Legal
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  Prohibition of Benami Property Transactions Act. Issuance of notice to the beneficial owner under Section 24 is mandatory when the Initiating Officer is aware of their identity. Failure to provide the beneficial owner an opportunity of hearing vitiates the subsequent attachment and adjudication orders. Karnataka High Court.

  • 14-October-2025
  • Daksha Legal