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High Court of Karnataka Dismisses Appeals in Property Declaration Suit — Upholds Trial Court Decree Based on Adverse Possession and Valid Title. Concurrent findings of fact regarding possession and title cannot be disturbed in appeal without substantial error.

The case involves two Regular First Appeals (RFA No.429/2003 and RFA No.506/2003) filed against the judgment and decree dated 13.1.2003 passed by the ...

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Karnataka High Court Hears Regular First Appeal Against Dismissal of Permanent Injunction Suit Over Agricultural Land. Suit Involves Claims of Ownership and Interference by Co-operative Societies and Site Owners Association.

The case originated from a suit for permanent injunction filed by the plaintiff against three defendant societies/associations concerning agricultural...

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Bombay High Court Considers Application for Rejection of Plaint Based on Unregistered Lease and Determination of Lease. Court Examines Whether Plaint Discloses Cause of Action for Specific Performance and Monetary Claims Under Order VII Rule 11 CPC.

The case involved a suit for specific performance and a money decree filed by Export Credit Guarantee Corporation of India Ltd (plaintiff) against the...

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Bombay High Court Hears Appeals Against Remand Orders in Civil Suits Involving Ownership and Partition. First Appellate Court's Directions to Allow Amendment of Written Statement and Fresh Evidence Challenged Under Order XLI Rules 23, 23-A, 25 and Order VI Rule 17 CPC.

The present judgment before the High Court of Judicature at Bombay, Bench at Aurangabad, dealt with four appeals from orders arising out of two civil ...

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Bombay High Court Allows Compromise Between Plaintiffs and Defendant Nos.8-11 in Property Suit — Consent Terms Accepted Despite Objections from Other Defendants. Partial Settlement Under Order XXIII Rule 3 CPC Does Not Affect Rights of Non-Settling Defendants Who May Continue to Contest the Suit.

The suit was filed by 35 plaintiffs seeking a declaration that they are purchasers of certain property. The matter was listed for settlement as the pl...

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Bombay High Court Dismisses Writ Petition Challenging Eviction Decree in Landlord-Tenant Dispute. Concurrent findings of default in payment of rent and subletting without consent upheld under Section 108 of the Transfer of Property Act, 1882 and Order 20 Rule 12 CPC.

The petitioners, Orbit Super Market Private Limited and the legal heirs of Dr. Shrikant Jichkar, challenged concurrent orders of the trial court and a...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, arising from a suit for declaration of ownership and injunct...