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High Court of Bombay Allows Appeal in Civil Suit Remand Case — Remand Order Set Aside as Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23A CPC. The appellate court cannot remand a suit for retrial when the trial court has already decided it on merits without any procedural irregularity.

The appeal arises from a judgment and order dated 22 March 2022 passed by the District Judge, Raigad, setting aside the judgment and decree dated 22 A...

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Madras High Court Dismisses Second Appeal in Property Title Dispute — Upholds Concurrent Findings of Courts Below. Sale Deed of 1983 Found Genuine and Valid, Ex-parte Decree for Specific Performance Held Not Binding on Plaintiff as He Was Not a Party.

The case involves a property dispute where the plaintiff, K. Rajendran, filed a suit for declaration of title and permanent injunction against the def...

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Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

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High Court of Karnataka Hears Regular Second Appeal Against Decree Declaring Suit Darga as Personal Property. The Wakf Board Appealed the First Appellate Court’s Finding that It Failed to Adduce Evidence of Wakf Declaration under Sections 4 and 5 of the Wakf Act, 1995.

The appeal arose from a suit for injunction filed by the plaintiffs, who along with defendant No.1 claimed joint ownership and management of the suit ...

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Bombay High Court Allows Court Receiver's Report and Additional Report in Land Dispute — Directs Demarcation and Removal of Encroachments. Court upholds Receiver's authority to manage suit property and take steps to protect it from unauthorized development.

The case pertains to a long-standing dispute over land survey No.34/1 and 35/3 at Panchpakhadi, Thane. The appellants had challenged a trial court ord...