Search Results for "Joint decree"

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Bombay High Court Allows Second Appeal in Encroachment Suit, Restores Trial Court Decree. First Appellate Court Erred in Reversing Ex-Parte Decree Without Considering Evidence of Encroachment by TILR.

The appellant, Sudhakar s/o Baburao Kulkarni, was the original plaintiff in Regular Civil Suit No. 143 of 2010 filed before the Civil Judge Junior Div...

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Bombay High Court Dismisses Revision Against Executing Court's Order in Partition Execution — No Jurisdictional Error Found. Executing Court Cannot Go Behind Decree and Objections Under Order 21 Rule 90 CPC Must Be Raised Before Sale Confirmation.

The case arises from a partition suit (Partition Suit No.945 of 1968) filed by the heirs of Bachhusingh, who died intestate on 24-11-1964, concerning ...

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Madras High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Lack of Evidence on Marriage and Possession. The court held that the plaintiffs failed to prove the marriage of Muniyappa with Thimmakka and their joint possession, reversing the first appellate court's decree.

The case involves a partition suit filed by the respondents/plaintiffs claiming 13/20th share in the suit property originally purchased by G.B. Muniya...

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High Court of Judicature at Bombay Aurangabad Bench Hears First Appeals Against Common Decree in Two Special Civil Suits; Dispute Involves Recovery for Liquor Supplies and Refund of Security Deposit, Raising Issues of Adjustment, Burden of Proof, and Competency to Sue

These three first appeals under Section 96 of the Code of Civil Procedure, 1908 arise from a common judgment dated 11-10-1999 by the 4th Joint Civil J...

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Bombay High Court Dismisses Appellants' Second Appeal in Joint Family Property Dispute. Agreement for Sale of Undivided Share Not Enforceable Without Prior Partition.

The case involves a second appeal filed by the original defendants against a decree for perpetual injunction in favor of the respondent/plaintiff. The...