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Supreme Court Sets Aside High Court Interim Status Quo Order in Second Appeal for Non-Compliance with Section 100 CPC. High Court Cannot Grant Interim Relief Without First Formulating Substantial Question of Law.

The Supreme Court considered an appeal against an interim order dated 20.09.2024 passed by the High Court of Andhra Pradesh in a second appeal. The di...

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Madras High Court Allows Second Appeal in Recovery of Possession Case — Sale Deed Valid Despite Non-Execution of Rental Agreement. Plaintiff's title established through registered sale deed and possession handed over; defendant's denial of tenancy does not negate ownership.

The plaintiff (since deceased, represented by legal heirs) filed a suit for recovery of possession and arrears of rent against the defendant. The plai...

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Supreme Court Allows Appeal in Karnataka Land Reforms Case — Restores Land Tribunal's Grant of Occupancy Rights Over Punja Land. The Court held that the High Court erred in setting aside the Tribunal's findings of fact regarding possession and cultivation as on the appointed date.

The case involves a dispute over occupancy rights under the Karnataka Land Reforms Act, 1961. The appellant's predecessor, Bona Menezes, claimed tenan...

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Bombay High Court Allows Second Appeal in Mundkar Property Dispute — Civil Court Lacks Jurisdiction Over Mundkar Status Under Section 31(2) of Goa Daman and Diu Mundkar (Protection from Eviction) Act, 1975. Mandatory Injunction for Demolition Set Aside as Suit Partly Barred by Limitation.

The case involves a Second Appeal filed by the defendants against the judgment and decree of the lower appellate court in a suit for demolition of str...

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High Court of Karnataka Dismisses Petitioners' Challenge to Trial Court Orders in Suit for Possession. Court upholds refusal to reject plaint under Order VII Rule 11 CPC and appointment of commissioner under Order XXVI Rule 9 CPC to identify suit property.

The petitioners, S. Ramaiah, S. Siddappa, and S. Nanjappa, claimed to be owners of agricultural lands measuring 7 acres and 10 guntas in Nagarbhavi vi...

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Bombay High Court Dismisses Second Appeal in Property Possession Suit — Concurrent Findings of Fact Not Disturbed. Court holds that no substantial question of law arises when both lower courts have concurrently found that the appellant failed to prove title or adverse possession over the suit property.

The appellant, Dilipkumar Bherumal Kucheriya, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment ...

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Supreme Court Sets Aside Arbitrator Appointment Due to Unstamped Lease Deed. Insufficiently Stamped Document Cannot Be Acted Upon Under Section 11(6) of Arbitration and Conciliation Act, 1996.

The present appeal arises from a judgment of the Karnataka High Court appointing an arbitrator under Section 11(6) of the Arbitration and Conciliation...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for partition dismissed as plaintiff failed to prove joint family property and possession; no substantial question of law arose.

The present second appeal was filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) by the defendant No.1 challenging the judgment and de...