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Bombay High Court Upholds Condonation of 959 Days Delay in Filing Appeal Against Ex-Parte Decree — Sufficient Cause Shown by Defendant's Non-Service. Order VI Rule 14A CPC Requires Registered Address; Absence Thereof Justifies Delay.

The case involves a civil revision application filed by the original plaintiffs challenging the order of the lower appellate court dated 07.11.2015, w...

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High Court Dismisses Commercial Appeal in Lease Dispute, Upholding Decree for Arrears and Charges. The lessee's claim for termination and damages was rejected as the lease agreement remained valid until vacation, and no rent waiver was agreed during COVID-19 lockdown under the leave and licence agreement.

The dispute arose from a leave and licence agreement dated 21.10.2019 between Sure Waves Media Tech Private Limited (lessee) and Mr. Fathiraj (lessor,...

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Madras High Court Allows Condonation of 70-Day Delay in Setting Aside Exparte Decree — Liberal Approach to Delay Condonation. Petitioner's Ill-Health and Death of Plaintiff Constitute Sufficient Cause Under Section 5 of Limitation Act, 1963.

The Civil Revision Petition was filed by Kumaran, the defendant in O.S.No.129/2016 on the file of the District Munsif Court, Sholinghur. The responden...

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Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Upheld. The court held that the appellants failed to prove adverse possession and the suit for partition was within limitation under Article 65 of the Limitation Act, 1963.

The case pertains to a second appeal filed by the defendants against the concurrent decrees of the trial court and the first appellate court in a suit...

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Bombay High Court at Goa Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Interfered With. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title Over Suit Property.

The case involves a property dispute between two branches of the same family. The appellants (original plaintiffs) filed a suit for declaration of own...

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

The appellants (plaintiffs) filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree ...

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Bombay High Court Dismisses Appeal in Property Suit, Upholds Decree for Deficit Court Fee Recovery. Appellants' suit for declaration of title and injunction dismissed for failure to pay proper court fee on market value of property.

The appellants, original plaintiffs, filed a suit for declaration of title and permanent injunction in respect of an immovable property. The trial cou...

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Madras High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Fact. Sale Deed Challenged as Forged Held Valid Based on Evidence and Adverse Possession.

The case involves two second appeals arising from property disputes between the appellants (plaintiffs in O.S.No.4381 of 2011) and the respondents (de...