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Search Results for "civil suit dismissal"

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High Court

Bombay High Court Dismisses Second Appeal in Possession Suit Due to Lack of Substantial Question of Law. Appellants' claim of adverse possession from 1961 fails as they did not raise the issue in lower courts and cannot produce new evidence in second appeal.

24 Feb 2012

The case involves a second appeal filed by the appellants (defendants in the original suit) against a decree for possession passed by the trial court ...

Supreme Court

Supreme Court Dismisses Oil Companies' Appeals for Purchase of Leasehold Land Under Madras City Tenants' Protection Act — Written Registered Leases with Building Stipulations Bar Section 9 Rights. The Court held that the proviso to Section 12 of the Act excludes tenants under written registered leases containing stipulations as to erection of buildings from seeking purchase of land under Section 9.

31 Jan 2020

The Supreme Court dismissed a batch of appeals filed by three oil companies—Bharat Petroleum Corporation Limited, Indian Oil Corporation Limited, an...

Supreme Court

Supreme Court Dismisses Appeal in Adoption Dispute Due to Abatement — Conflict of Decrees Would Arise if Appeal Proceeded. Right to Sue Did Not Survive to Surviving Appellant Alone; Appeal Abated as a Whole Under Order XXII Rule 3 CPC.

7 May 2019

The Supreme Court dismissed an appeal arising from a suit challenging the validity of an adoption. The appellants, two brothers, had filed a suit seek...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was not barred by limitation as the plaintiff's possession was not adverse and the defendants failed to prove ouster.

13 Feb 2025

The case pertains to a Regular First Appeal filed by the defendants against the judgment and decree dated 30.09.2010 passed by the Senior Civil Judge,...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute Over Temple Land — Plaintiffs Fail to Prove Ownership by Adverse Possession. The court held that the plaintiffs' claim of adverse possession failed as they did not establish exclusive possession or ouster of the defendant temple.

21 Oct 2005

The dispute in this second appeal concerns a property surveyed under no.263/3 of village Tuem, Pernem, Goa. The plaintiffs, who are the appellants, cl...

Supreme Court

Supreme Court Dismisses Appeal in Cooperative Society Redevelopment Case on Jurisdiction and Limitation Grounds. Civil Court Maintainability Upheld Under Section 91 of Maharashtra Cooperative Societies Act, 1960, and Suit Found Within Limitation with Possible Section 14 Benefit.

25 Apr 2025

The dispute arose from a redevelopment project involving a Cooperative Society registered under the Maharashtra Cooperative Societies Act, 1960. The r...

High Court

Madras High Court Allows Revision Against Rejection of Plaint in Government Suit for Declaration of Nullity of Decree — Trial Court's Order Set Aside for Non-Compliance with Order VII Rule 11 CPC. The court held that a suit challenging a decree as null and void on grounds of fraud or inherent lack of jurisdiction is maintainable and not barred by res judicata.

23 Jan 2026

The Government of Tamil Nadu, represented by the District Collector and other revenue officials, filed a civil suit (unnumbered O.S.SR.No.448 of 2022)...

High Court

Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Immovable Property — Purchaser Failed to Demonstrate Willingness to Complete Transaction. Readiness without willingness is insufficient for specific performance under Section 16(c) of the Specific Relief Act, 1963, as the plaintiff insisted on adjustment of loans without calling upon defendant to pay its share.

8 Apr 2019

The suit was filed by G Ram Construction Company (plaintiff) against Chowgule & Company (Hind) Pvt Ltd (defendant) for specific performance of an agre...

High Court

Bombay High Court Upholds Relief from Lis Pendens in Specific Performance Suit — Transfer of Property Act Section 52. Court allows defendant to be relieved from lis pendens upon deposit of Rs.8 lakhs, balancing plaintiff's claim with defendant's right to deal with property.

9 Oct 2013

The appeal arises from a judgment of a learned Single Judge dated 13 September 2013 in a motion taken out by the Appellant, the original Plaintiff, du...

High Court

Bombay High Court Allows Appeal in Co-operative Housing Society Dispute Against Municipal Corporation — Restrains Disconnection of Electricity Supply Pending Eviction. Court holds that electricity disconnection cannot precede eviction and must be in compliance with Section 169 of the Maharashtra Regional and Town Planning Act, 1966 and Section 354 of the Mumbai Municipal Corporation Act, 1888.

6 May 2021

The appellant, Adarsh Dahisar Gaurav Co-op Housing Society Ltd., filed an appeal against an order dated 14th September 2020 passed by the City Civil C...

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