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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Declaration of Ownership and Injunction — No Substantial Question of Law Arises Under Article 227 of the Constitution of India.

The petitioners, Balasaheb Lalasaheb Jadhav and others, filed a writ petition under Article 227 of the Constitution of India before the Bombay High Co...

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Bombay High Court Allows Revision of Examination Order in Civil Suit — Right to Begin Evidence Not Absolute. Order 18 Rule 1 CPC permits court to direct which party shall begin, but such order can be reconsidered if circumstances change or if earlier order was passed without hearing the other side.

The petitioners, original defendant nos.1, 2, and 3 in Regular Civil Suit No.273/2013, challenged the order dated 15.10.2018 passed by the Civil Judge...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Affirms Joint Family Business Finding. Non-inclusion of all joint family properties does not bar partition when plaintiff seeks only specific property.

The case involves a partition suit filed by Vitthalrao Marotirao Navkhare (original plaintiff) against his brother Laxmanrao's family (appellants) and...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Relinquishment Deed Without Consideration Not Binding. Family arrangement without consideration does not estop a coparcener from claiming partition of joint family properties.

This Second Appeal arises from a suit for partition and possession filed by the respondent (original plaintiff) against the appellant (original defend...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court which con...

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Bombay High Court Dismisses Revision Application in Civil Suit for Injunction — Concurrent Findings of Fact Not Interfered With. Revisional Jurisdiction Under Section 115 CPC Cannot Be Exercised to Re-Appreciate Evidence When Findings Are Based on Appreciation of Oral and Documentary Evidence.

The present civil revision application under Section 115 of the Code of Civil Procedure, 1908 was filed by the original defendants (applicants herein)...