Search Results for "Collusive decree"

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Supreme Court Restores Concurrent Findings of Fact in Property Dispute, Sets Aside High Court's Interference Under Section 100 CPC. High Court Exceeded Jurisdiction by Reappreciating Evidence and Holding Unregistered Partition List Inadmissible Without Considering Collateral Use.

The Supreme Court allowed the appeal filed by the original defendants, setting aside the High Court's judgment and restoring the concurrent findings o...

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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement of Sale Not Proved as Plaintiff Failed to Show Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963.

The plaintiff Palanivel filed a suit for specific performance of an agreement of sale dated February 22, 2008, whereby the first defendant Balasubrama...

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Bombay High Court Considers Appeal Against Interim Injunction in Property Dispute Between Mother-in-Law and Daughter-in-Law. Trial Court Restrained Daughter-in-Law from Entering Suit Flat, Allegedly Circumventing Family Court's Order Protecting Her Right to Residence.

The appeal arose from an order dated 19.07.2014 passed by the City Civil Court, Dindoshi, Mumbai, in Notice of Motion No.1959 of 2011 in S.C. Suit No....

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High Court of Karnataka Dismisses Appeals in Partition Suit, Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was maintainable and that the plaintiffs had established their share in the joint family property.

The case involves a partition suit filed by the appellants (plaintiffs) against the respondents (defendants) seeking partition and separate possession...

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Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit for Specific Performance and Injunction — Applicant Claiming Title Through Subsequent Agreement Must Be Heard Before Final Orders.

The judgment arises from a chamber summons filed by Mugwort Land Holdings Pvt. Ltd. seeking impleadment as a party defendant in Suit No. 2823 of 2006,...

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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Plaintiff Failed to Prove Readiness and Willingness to Perform Contract for Sale of Agricultural Land.

The appellant/plaintiff Palanivel filed a suit for specific performance of an agreement of sale dated February 22, 2008, whereby the first defendant B...

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High Court of Bombay at Goa Dismisses Petition Challenging Impleadment of Purchaser Pendente Lite. Order 1 Rule 10 CPC Impleadment Proper as Purchaser is Necessary Party to Avoid Multiplicity of Proceedings.

The petitioner, Fabrica Da Igreja De Vasco, purchased the suit property from the original defendant No.1 during the pendency of a suit filed by respon...

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Bombay High Court Allows Bank's Writ Petition, Directs Execution of Section 14 SARFAESI Order Despite Pending Civil Suit. Executive Magistrate Cannot Refuse Possession on Ground of Civil Suit; Role Under Section 14 is Ministerial.

The Petitioner, Kotak Mahindra Bank Limited, a banking company, had sanctioned a housing loan to Dipak Digambar Naik and Aruna Naik (co-borrowers) in ...

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Supreme Court Dismisses Appeals in Agricultural Land Specific Performance Case; Pendente Lite Transferees' Objections Rejected Under Section 52, Transfer of Property Act, 1882. Readiness and Willingness of Purchasers Inferred from Conduct; No Collusion Found.

The Supreme Court heard two appeals together: the first by the original seller of agricultural land challenging the concurrent findings of lower court...