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Bombay High Court Allows Second Appeal in Property Dispute Over Restoration of Possession Without Specific Prayer. Court Holds That a Suit for Mandatory Injunction Cannot Be Construed as a Prayer for Restoration of Possession Under Specific Relief Act, 1963.

The case involves a second appeal arising from a property dispute. The respondents (original plaintiffs) filed Regular Civil Suit No.521/1986 before t...

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Bombay High Court Allows Wife's Challenge to Family Court Order for Decree on Admission in Divorce Case — Order XII Rule 6 CPC Not Applicable Where Parties Allege Cruelty on Different Facts. Family Court Cannot Suo Motu Pass Decree on Admission Without Clear Admission of Same Cause of Action.

The petitioner wife filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 on the ground of cruelty. The respondent husb...

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

The appellants (plaintiffs) filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree of t...

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Bombay High Court Allows Appeal in Bombay Public Trust Act Suit for Declaration and Possession, Dismisses Suit as Property Not Trust Property. Earlier Suit for Injunction Dismissed for Lack of Jurisdiction Did Not Bar Subsequent Suit Under Order 2 Rule 2 CPC, and Suit Was Within Limitation.

The dispute pertained to a claim by Seth Kasturmal Dalsukh Dharmashala, a registered public trust, that certain property at Dondaicha, District Dhule,...