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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholding Concurrent Findings of Ownership in Favor of Daughter. Claim of adverse possession by brother against sister fails as co-owner must prove ouster or denial of title.

The dispute pertains to agricultural lands and a house situated at Village Dhokawade, Taluka Alibaug, District Raigad, originally owned by Narayan Hir...

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Supreme Court Dismisses Appeal in Title Suit Over Land Ownership Due to Insufficient Proof of Title. Plaintiffs Failed to Establish Ownership Over Suit Land Despite Claims Based on Oral and Decreed Partitions, Leading to Upholding of Trial Court's Dismissal.

The dispute originated from a title suit filed in 1967 by Banaras Sah, acting for himself and as legal guardian of his six minor sons, against Krishna...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession. Court holds that a co-owner in possession of joint family property cannot claim adverse possession against other co-owners without ouster or denial of title.

The appellants, who are the sons and daughter of late M.C.Someshwar, filed a Regular First Appeal against the judgment and decree dated 30.11.2016 pas...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award in Favour of Claimant. Court Holds That Single Judge Erred in Reappreciating Evidence and Interfering with Arbitrator's Findings on Quantum and Interest.

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Paramount Limited (appellant) against the judgmen...

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High Court of Judicature at Bombay Examines Challenge to Order Setting Aside Ex-Parte Decree in Rent Suit. Issue Concerning Classification of Decree Under Order 9 Rule 6 or Order 8 Rule 5 CPC Remains Unresolved in Incomplete Judgment.

The writ petition under Article 227 of the Constitution challenged an order of the Small Causes Court, Bombay, which had set aside an ex-parte decree ...

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Madras High Court Adjudicates Second Appeals on Land Title and Injunction Disputes Involving Interpretation of Tamil Nadu Court Fees Act and Revenue Records. Substantial Questions of Law Frame Issues on Right to Declaration Without Correlated Revenue Records and Identity of Predecessor-in-Title.

The Madras High Court heard two second appeals arising from suits concerning title and possession of agricultural lands in Survey Nos. 1241/1 and 1241...

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Bombay High Court Allows Appeals by Tenant Defendants in Possession Suit, Sets Aside Injunction. Court holds that tenants in possession cannot be injuncted without a decree for possession, and a suit for injunction simpliciter is maintainable against a landlord.

The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement to Sell Not Proved and Suit Barred by Limitation. Plaintiff failed to prove execution of agreement and suit was filed beyond three years from notice of refusal under Article 54 of Limitation Act, 1963.

The appellant, Sandeep Kashinath Parab, filed a suit for specific performance of an agreement to sell dated 15/06/1998 allegedly executed by the respo...

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Bombay High Court Dismisses Revision Against Order Postponing Decision on Maintainability and Limitation to Trial. Interlocutory Order Not a 'Case Decided' Under Section 115 CPC.

The applicant, a registered public trust, was sued by the respondent for specific performance of an agreement to sell trust property and for a mandato...