Cpc G. Surya Narayanan Mhc Advt: Order 43 rule 1(u) ; order 43 rule 23A

[3/9, 07:26] Cpc G. Surya Narayanan Mhc Advt: Order 43 rule 1(u) ; order 43 rule 23A

2012(4) SCJ 428

Jegannathan vs Raju Sigamani & another

Suit for declaration and permanent injunction, decreed for permanent injunction- appeal remanded to trial court- order of remand challenged and dismissed by high court- review therefrom dismissed- Appeal can be heard on the ground of second appeal- high court erred in not maintaining the appeal

Section 2(2), 2(14)

2012(5) SCJ 263

Sinnamani & another vs G. Vettivel & others

Final order passed in trust op cannot be construed as decree and it is only an order under the provision
[3/10, 16:52] Cpc G. Surya Narayanan Mhc Advt: Section 51, order 21

Nitin Gunwant Shah vs Indian Bank & others

2012(5) SCJ 722

Petitioner filed suit to declare as statutory tenant dismissed for non-prosecution- later filed another suit not to dispossess him- petitioner obtained status quo- application later dismissed- whether a third party is a tenant or trespasser is to be decided in the suit- petitioner can always seek restitution of possession in the event of success in the suit

Section 100-

Ghisalal M.Agarwal (d) through Lrs & others vs Rameshwar @ Ramu Jawaharlal & another

2012(5) SCJ 141

Reversing concurrent findings of fact in second appeal not justified- respondent directed to hand over vacant possession which is held by them for last five decades

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