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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...

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Supreme Court Allows Appeal and Restores Trial Court Decree in Timber Supply Payment Dispute. Misdescription of Proprietorship Firm Name Does Not Invalidate Suit; Amendment Relates Back to Original Filing and Overcomes Limitation Bar.

The dispute arose from a civil suit for recovery of the price of timber supplied. Manohar Lal, son of Jai Jai Ram, carried on business as a commission...

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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholds Retrospective Application of Amendment Deleting Section 23 of Hindu Succession Act. Female Heirs Entitled to Partition of Dwelling House as Amendment Removes Disability and Applies to Pending Appeals.

The case involves a partition suit filed by Respondent No.1 (original plaintiff) against her brothers, including the Appellant (original defendant No....

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Bombay High Court Allows Writ Petition Against Revenue Authorities for Failing to Execute Decree Despite Supreme Court Confirmation. Court Directs Tahsildar to Execute Decree Within Six Weeks, Imposes Costs for Vexatious Litigation.

The petitioner, Gangabai Ramrao Patil, entered into an agreement to sell land with the respondents in 1973. When the respondents failed to execute the...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act Against Order Refusing Interim Relief in Development Agreement Dispute. Court Upholds Trial Court's Discretion in Refusing Injunction Where Balance of Convenience Favored Status Quo and No Irreparable Loss Was Shown.

The appellant, Villa Realcon LLP, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging an order dated September...