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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds lower appellate court's decree confirming plaintiff's title and possession based on sale deed and adverse possession.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, arising from a property dispute. The original plaintiff (sin...

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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 plaintiff failed to prove title and possession.

The appellant, Aravind S/o Krishnaji Kulkarni, filed Regular Second Appeal No.161/2002 against the judgment and decree dated 4.9.2001 passed in R.A.No...

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Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Not Interfered With. Licensee Defendants Failed to Prove Independent Title; Suit for Possession Based on Title Maintainable Without Prior Revocation of License.

The present second appeal was filed by the original defendants against the judgment and decree dated 16.04.2022 passed by the District Judge-1, Nagpur...

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High Court of Karnataka Dismisses Regular Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Plaintiff Failed to Prove Marriage and Consequential Rights Over Suit Property; Courts Below Correctly Appreciated Evidence.

The appellant, Basangouda, filed a suit for declaration and injunction in O.S. No. 20/2006 before the Additional Civil Judge (Sr. Dn.), Raichur, claim...

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High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. Suit for Partition and Separate Possession Dismissed as Plaintiff Failed to Prove Joint Family Property and His Possession.

The appellant, Champa Poojari, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC), challenging the judgment an...

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Supreme Court Dismisses Appeal in Ejectment Case Under Punjab Security of Land Tenures Act, 1953. Civil Suit Not Barred Under Section 25 as Revenue Court Order Was Without Jurisdiction Due to Absence of Landlord-Tenant Relationship and Invalid Sale of Trust Property.

The Supreme Court of India heard a civil appeal arising from a dispute over ejectment of a tenant from agricultural land. The appellants, claiming to ...

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Bombay High Court Upholds Jurisdiction of Civil Court in Possession Dispute Involving Family Members. Section 33 of Maharashtra Rent Control Act, 1999 Held Not to Bar Suit as Tenancy Question Not Directly Arising.

The appeal before the Division Bench of the Bombay High Court arose from an order of a learned Single Judge deciding a preliminary issue of jurisdicti...

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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 possession dismissed as plaintiff failed to prove title and possession.

The case involves a property dispute between Mahaboob Bi (appellant) and the legal representatives of Sharfunnisa (respondents). The appellant filed a...

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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...