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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement to Sell Not Proved as Genuine and Enforceable Due to Lack of Credible Evidence and Discrepancies in Pleadings.

The appellant, Harish, filed a suit for specific performance of an agreement to sell dated 05.12.2008 allegedly executed by the respondents in his fav...

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Bombay High Court Dismisses Petition Challenging Caste Certificates of Private Respondents for Lack of Locus Standi. Third-party challenge to caste validity certificates fails as petitioner had no personal interest or statutory authority under Article 226 of Constitution of India.

The petitioner, Ashok Shinwar Mali, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a writ o...

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Madras High Court Allows Second Appeal in Property Dispute Due to Non-Compliance with Remand Order. First Appellate Court Failed to Appoint Commissioner to Measure Property as Per Sale Deeds, Vitiating Its Judgment.

The case involves a property dispute where the plaintiff originally filed a suit for declaration, permanent injunction, and mandatory injunction. The ...

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High Court of Karnataka Allows Regular First Appeal, Dismisses Suit for Cancellation of Partition Deed Due to Failure to Prove Duress. Power of Attorney Holder Cannot Testify on Party's State of Mind; Adverse Inference Drawn Against Plaintiff for Non-Examination.

The litigation arose out of a suit filed by the father against his daughter-in-law seeking cancellation of a partition deed and perpetual injunction. ...

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Bombay High Court Allows Appeal by Municipal Corporation in MRTP Act Notice Case — Notice Under Section 89 MRTP Act Held Valid and Not Barred by Limitation. The Court set aside the trial court decree declaring the notice invalid, finding that the notice was within limitation but the suit was premature.

The appellant, Municipal Corporation of Greater Mumbai, filed a First Appeal under Section 96 of the Code of Civil Procedure, 1908 against the oral ju...

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Bombay High Court Dismisses Second Appeal in Property Title Suit — Concurrent Findings of Fact Not Disturbed. Will Execution Not Proved as Attesting Witnesses Not Examined Under Section 68 of Evidence Act, 1872.

The case involves a second appeal filed by the original plaintiffs against the judgment and decree of the lower appellate court in Regular Civil Appea...

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High Court of Karnataka Allows Partition Appeal in Family Property Dispute — Reverses Trial Court's Dismissal of Suit for Partition and Separate Possession. Court Holds That Plaintiff Proved Joint Family Status and Entitlement to Share in Suit Properties, Directs Preliminary Decree for Partition.

The appellant, Sri. Chandrashekar S/o Channabasanagouda Harti, filed a suit for partition and separate possession of suit schedule properties against ...

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Bombay High Court Upholds Amendment of Plaint to Implead Subsequent Purchaser in Specific Performance Suit. Subsequent Purchaser Claiming Under Vendor is a Necessary Party and No Prejudice is Caused by Impleadment.

The appeal arose from an order of a Learned Single Judge allowing a Chamber Summons for amendment of the plaint in a suit for specific performance. Th...