Search Results for "Joint decree"

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Invalidity of Sale by Co-owner Without Proof of Partition. Co-owner's Sale of Undivided Share Without Consent of Other Co-owners Held Invalid as No Prior Partition Was Established.

The case involves a second appeal by original defendants nos.1-3 against a decree for declaration and injunction passed by the lower appellate court. ...

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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 Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The appellants, who were the plaintiffs in the original suit, filed a suit for declaration of title and permanent injunction in respect of suit proper...

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Bombay High Court Allows Landlord's Writ Petition in Eviction Suit — Reverses Appellate Court's Dismissal for Non-Prosecution. Landlord's Bonafide Need for Suit Block Established; Tenant's Irregular Rent Payment Proved.

The petitioner, Abdul Gani, was the plaintiff in Regular Civil Suit No. 195/2013 seeking eviction of the respondent-tenant, Dilip Gopaldas Duwani, fro...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved, Limitation Barred Suit. Plaintiff failed to prove execution of agreement and payment of earnest money; suit filed beyond three years from date of refusal.

The present Regular First Appeal arises from a judgment and decree dated 03.08.2022 passed by the Principal Senior Civil Judge and CJM, Dharwad, in O....

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Bombay High Court Allows Second Appeal in Land Encroachment Suit Due to Lack of Proper Measurement. Court holds that re-measurement of suit field and adjoining lands is necessary to determine encroachment when description of property in plaint is insufficient under Order VII Rule 3 CPC.

The case involves a second appeal filed by Laxman Wamanrao Nagapure against the judgment and order dated 6.8.2012 passed by the learned District Judge...

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Plaintiff Prefers First Appeal Against Trial Court’s Partial Decree in Specific Performance Suit. Trial Court Had Denied Specific Performance Due to Public Policy and Fabricated Receipts, Granting Only Refund of Admitted Advance.

The dispute originated from a suit for specific performance of two sale agreements dated January 6, 2003, concerning 8 acres of land in Salem District...

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High Court of Karnataka Passes Order in Writ Petition on Police Assistance for Injunction Implementation — Trial Court's Direction Under Section 151 CPC Challenged for Res Judicata and Possession Violations

The writ petition arose from a civil suit (O.S. No. 1708/2024) filed by the respondent-plaintiff against the petitioners-defendants seeking a declarat...