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High Court of Karnataka Dismisses Review Petition in Property Partition Suit — No Error Apparent on Face of Record. Review petition under Order 47 Rule 1 CPC dismissed as the court found no error in the judgment dated 7.9.2012 in RSA No.5985/2010 regarding share fixation.

The review petition was filed by the petitioners (legal representatives of the deceased original plaintiff) against the judgment dated 7.9.2012 passed...

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High Court of Karnataka Dismisses Appeals in Property Dispute, Upholds Trial Court's Partial Decree for Declaration, Injunction, and Partition. Appellants failed to prove title and possession over suit property, and trial court's findings were based on proper appreciation of evidence under Section 96 CPC.

The case involves two Regular First Appeals filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 26.02.2...

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Gujarat High Court Allows Appeal in Specific Performance Suit, Sets Aside Decree for Non-Compliance with Section 16(c) of Specific Relief Act, 1963. Plaintiff Failed to Prove Readiness and Willingness to Pay Balance Consideration, Rendering Specific Performance Unwarranted.

The case involves a First Appeal under Section 96 of the Code of Civil Procedure, 1908, filed by the original defendant No. 2 (appellant) challenging ...

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Bombay High Court Dismisses Tenant's Petition Against Eviction Decree for Rent Default and Unauthorized Construction Under Bombay Rent Act. Concurrent findings of courts below upheld as tenant failed to prove that construction was pre-existing or that rent was not in arrears.

The petitioner, a tenant of a shop premises in Nashik, was sued by the respondent landlady for eviction under the Bombay Rents, Hotel and Lodging Hous...

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Karnataka High Court Hears Regular First Appeal Against Partition Decree. Trial Court Decreed Suit for Partition and Separate Possession, Determining Shares Among Legal Heirs of Gregory and Alphonsus Coelho.

The appeal arose from a suit for partition and separate possession filed by Ruth Lobo (plaintiff/first respondent) against the legal heirs of Gregory ...

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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholds Concurrent Findings of Courts Below. Court holds that substantial questions of law under Section 100 CPC must be framed at the time of admission and cannot be raised later.

The present Second Appeal was filed by the original defendants challenging the concurrent judgment and decree passed in Regular Civil Suit No. 115/200...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Upholds Exclusion of 16 Acres from Partition. Court holds that suit for partition of property in exclusive possession of co-owner for over 12 years is barred by limitation under Article 65 of Limitation Act, 1963.

The appellants, plaintiffs in the original suit, filed a suit for partition of suit properties including 16 acres of land in Sy.No.703. The trial cour...

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High Court of Karnataka Dismisses Appeal Against BBMP Order in Property Khatha Dispute — Upholds Single Judge's Refusal to Interfere with Joint Commissioner's Order Directing Restoration of Khatha Based on Earlier Civil Court Decree.

The appellants, Sri N. Venkatesh and Smt. D. Vijayalakshmi, filed a writ appeal against the order dated 03.06.2019 passed by the learned Single Judge ...

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High Court of Karnataka Dismisses Second Appeal in Injunction Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for permanent injunction dismissed as plaintiffs failed to prove possession and title over suit property.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the plaintiffs (appellants) against the judgment an...