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...Ex. Case No. 25/2013 on the file of the Addl. Civil Judge & JMFC, Anekal. Being aggrieved by the order dated 17.11.2014 dismissing I.A filed under Rule 28 of .... The judgment debtors also filed an application under Rule 28 of Karnataka Civil Rules of Practice, 1957 read with Section 151 of CPC contending that the Court ought no...have given permission to cure the defects and file an affidavit. As per Rule 28 of the said Rules and the procedure contemplated under CPC, the Civil Rules is required to...
...appearing for the petitioners and perused the order impugned and other relevant records.
2. Petitioners are the judgment debtors in Ex.Case No.25/2013 on the file of ...writ petition.
3. The decree holder filed the execution petition without swearing the affidavit in support of the
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...Court ought not to have given permission to cure the defects and file an affidavit. As per Rule 28 of the said Rules and the procedure contemplated under CPC, the Civil Rules is required to be fol...
...is also relevant to note Section 122 of the Civil Procedure Code, 1908 and Rule 28-A of the Karnataka Civil Rules of ...after previous publication, make rules regulating their own procedure and the procedure of the Civil Courts subject to their superintendence, and may by such rules annul, alter or add to all or an.... In exercise of the said jurisdiction vested with it, the High Court of Karnataka has framed Karnataka Civil Rules of Practice, 1967 for regulating it...
...138 of the Karnataka Civil Rules of Practice, 1967 is violated and that the same is null and void, and sought for setting aside the sale.4. It was resiste...II Hence I.A II is rejected. Sale confirmed. E.F.S and closed.”7. Rule 138 of the Karnataka Civil Rules of Practice reads thus:“Sale of...application in Misc. 28/1983 under Order 21 Rule 95 of the C.P.C for delivery of sold property. The petitioner after he was served with the notice of Misc. 28/83 filed ...
...contradictory statements.
iv. That the plaintiff has suppressed the facts while approaching the Court.
v. That as per Rule 230 of ...
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NC: 2023:KHC-K:6557 CRP No.200105 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH...
DATED THIS THE 18THDAY OF AUGUST, 2023
BEFORE
THE HON'BLE MRS JUSTICE K S HEMALEKHA
CIVIL REVISION PETITION NO...
...documents pertaining to the instant case, to the petitioner in terms of the Karnataka Civil Rules of Practice, 1967. Sd/- JUDGE Sd/- JUDGE .... 3. The learned Single Judge was of the view that once the Tribunal has passed an order, the Tribunal cannot exercise powers under Order-IX Rule-13 of Code of Civil...appeal. 2. The land Tribunal passed the final order dated 06.02.1982. Thereafter, the petitioner who had filed Form No.7, an application under Order-IX, Rule-13 read with...
...further he stated that in one application, the respondent cannot claim more than one relief and it is totally barred under Rule 23 of the Karnataka Civil Rules of Practice...not maintainable under Rule 23 of the Karnataka Civil Rules of Practice. The Court has given a finding that the application under Order 1, Rule 9 of th...in accordance with Rule 23 of the Karnataka Civil Rules of Practice. Rule 23 is extracted below:“There shall be separate application in respect of each...
...stillborn as there was no Court sale on 06.07.2023 and the Court did not follow the procedure prescribed under Rule 140 of the Karnataka Civil Rules of Practice, 1967 and that the.... Therefore, this Court disposed off the writ petition directing the Final Decree Court to comply the procedure prescribed under Rules 138, 139 and 140 of the Karnataka Civil Rules of Practice, ...THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR...
...short) read with Rule 4(b) of the High Court of Karnataka Arbitration (Proceedings before the Courts) Rules, 2001 (“the Rules”, for short) requesting the Court to frame issues in the matter. The civil...Conciliation Act and these Rules, the provisions of the Code of Civil Procedure and Karnataka Civil Rules of Practice may be applied to the proceedings under the Act to the extent considered neces...Karnataka Rules?25. We may now examine whether Rule 4(b) of the Rules framed by the High Court of Karnataka require framing of issues. Rule 4 relied on by the appellant...
...Rules of Practice, 1967 to file a rejoinder to the interlocutory application. 3. When the matter was taken up today, learned Counsel for the petitioner submitted that he shall file...the Principal Judge, Family Court, Bengaluru in G & WC No.127/2017, by which, the rejoinder filed by the petitioner has been rejected on the ground that there is no provision in the Karnataka Civil...
...80 of the Karnataka Civil Rules of Practice, 1967, and the Special Court may be directed to consider the same in accordance with law.
6. We are of the opinion that a.... It is therefore contended that the rejection by the Special Court of the I.A.No.6/2024 on the ground that it is not in strict conformity with provisions of Rule 80 of the Karnataka Civil Rules of...Practice, 1967 is therefore, incorrect and has led to a miscarriage of justice in as much as the crucial documents are kept out of reckoning by the Special Court.
3...
...Karnataka Civil Rules of Practice. The said Rule reads as follows:“A party to a suit or proceeding is entitled at any stage of the proceeding, to obtain copies of the record of the...grievance of the petitioner in this case is that he sought for grant of certain certified copies of the Power of Attorney and a sale agreement upon which the suit is based. The office of the Civil...Court raised on objection that these documents are not marked as exhibits in evidence and that therefore copies could not be granted. The trial Court relied upon Rule 230 of the...
...execution petition is proper and valid as it is in accordance with law pertaining to the Advocate's fee under Rule 100(a) read with Rule 100(d)(1) of the Karnataka Civil Rules of...petition as per Rule 100(d)(i) read with Rule 100(1)(a) of the Karnataka Civil Rules of Practice. But the lower Court has upheld the office objection holding that the de...this Revision Petition and strenuously contended that Court below has misread the Rule 100 of the Karnataka Civil Rules of Practice. The Court below should have noted that...
...as to why Krishna Naik has to be summoned to give the evidence.6. The first submission urged on behalf of the petitioner fails as Rule 18(2) of the Karnataka Civil...Rules of Practice, 1967 provides for filing of memo of facts by the party's Counsel. The filing of the affidavit by Vasanth on behalf of his father is to be considered in proper perspective. Sri...1. The petitioner has raised the challenge to the order dated 23-7-2009 passed by the learned Principal Civil Judge (Junior Division), Puttur, Dakshina Kannada on I.A Nos. 8 and 9 in O.S...
...) of sub-rule (2) is in general terms and as already noted the General Rules indicate that they regulate general recruitment to all the Karnataka State Civil Services broadly. It is not in dispute that...application filed by the appellant. The Tribunal was called upon to construe Rule 3(2) of the Karnataka Civil Services (General Recruitment) Rules, 1977 as amended in June, 1982 (hereinafter referred to as ‘the...Karnataka State Police Service (Recruitment) Rules, 1967.34. We have to construe the meaning of Rule 3(2) for ascertaining the object and purpose which the legislature had in...
...to award the same at Rs. 5,900 in accordance, with the relevant provisions under Rule 100(a) and (d) of the Karnataka Civil Rules of practice, 1976. The Court below holding...provisions of Rule 100 of Karnataka Civil Rules of practice, 1976 which regulates scale of advocate's fee payable in various legal proceedings. The material provisions of this ...that the advocate's fee has to be calculated per Rule 100(f)(1) of the said rules, has awarded only Rs. 50 on this Court.3. In order to appreciate the...
...application has been filed on the same day under Rule 224 of the Karnataka Civil Rules of Practice, 1967 seeking deputation of Special Bailiff to execute the warrant al...Limitation Act, 1963 (Central Act 36 of 1963)”.14. Karnataka Civil Rules of Practice, 1967:“Rule 224. Special Process Servers.—The Presiding Officer of any Court ma..., purporting to be under Rule 224 of the Civil Rules of Practice seeking deputation of a Special Bailiff to execute the warrant of attachment of movables of the judgment...
...above terms.
9. It is needless to mention that the Court shall comply with the procedure prescribed under Rule 138, 139 and 140 of Karnataka Civil Rules of Practice...Civil Rules of Practice, when the court sale was adjourned. Therefore, the sale in favour of the auction purchaser is not concluded and has no force of law. Even otherwise, there is nothing to show...03.07.2023, did not submit his report to the Court, so as to enable it to conduct a sale in the Court. The Final Decree Court did not comply with the procedure contemplated under Rule 140 of the Karnataka...
...cryptic order. Therefore, he submits that the order is to be set aside.
4. Rule 18 of the Karnataka Civil Rules of Practice, 1967 provides that...reading of Rule 18 of Karnataka Civil Rules of Practice, however, makes it clear that an applicant's pleader can file a memorandum of facts only in respect of facts which appear from the records of the...
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24THDAY OF APRIL 2015
BEFORE...
...Rule 101(2) of the Karnataka Civil Rules of Practice is concerned, it cannot limit the power of the Court vested U/s 152 or the right of the petitioner to seek correction as prov...Karnataka Civil Rules of Practice.4. After the establishment of a new district of Gadag by carving the same out of the erstwhile Dharwad District a Court of District Judge is established..., (for short ‘the Act’) the matter was referred for adjudication of the market value payable to the Civil Court, Gadag. By a judgment and award dated 02.02.1983 made in L.A.C No. 13/1981, the Civil...