Search Results for "voidable decree"

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Supreme Court Rules Appeal Does Not Abate if Estate is Sufficiently Represented.

This judgment concerns two connected civil appeals arising from suits for specific performance and eviction. In Civil Appeal No. 172 of 2026, the High...

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Gujarat High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sale of New Tenure Land by Adivasi Requires Government Permission; Plaintiff Failed to Prove Readiness and Willingness.

The appellant, Shantaben Gopalbhai Tadvi, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent jud...

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High Court of Karnataka Allows Appeal in Property Injunction Dispute — Sets Aside Trial Court Order for Lack of Application of Mind. Order 39 Rule 1 and 2 CPC Injunction Granted Without Proper Consideration of Prima Facie Case, Balance of Convenience, and Irreparable Loss.

The appellant, Sri Yathievendra Naik @ Yathish, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC)...

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High Court of Karnataka Allows Second Appeal in Property Dispute — Sale Deed Valid Despite Non-Examination of Attesting Witness. Execution of sale deed can be proved by other evidence under Section 68 of Indian Evidence Act, 1872 when attesting witness is dead.

The appellant-plaintiff, Sri Thammaiah, filed a suit for declaration of title and permanent injunction (later amended to possession) in respect of sui...

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Bombay High Court Allows Appeal in Specific Performance Suit — Oral Agreement Not Proved. Plaintiff failed to establish oral agreement, payment of consideration, and suit was barred by limitation under Article 54 of the Limitation Act, 1963.

The appellants (original defendant nos. 2 to 4) challenged the judgment and decree dated 18/02/2014 passed by the learned Judge, City Civil Court, Mum...

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Bombay High Court Dismisses Appeal in Property Dispute Over Flat Allotment and Possession. Court upholds concurrent findings that appellants failed to prove title or possession, and that the suit was not barred by limitation or the Cooperative Societies Act.

The case involves a second appeal by original defendant nos. 7 and 8 (appellants) against the judgment and decree of the District Court, Pune, which c...

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Bombay High Court Allows Wife's Appeal Against Divorce Decree on Ground of Cruelty, Sets Aside Family Court Order. Court Holds That Isolated Instances of Abnormal Behavior Without Medical Evidence Do Not Constitute Cruelty Under Section 13(1)(ia) of Hindu Marriage Act, 1955.

This appeal arises from a judgment and order dated 26.08.2011 passed by the Family Court No.3, Nagpur, which dissolved the marriage between the appell...

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Bombay High Court Allows Wife's Appeal Against Divorce Decree in Cruelty Case, Sets Aside Dissolution of Marriage. Husband's Petition for Nullity on Ground of Fraud Dismissed as Suicidal Tendency Not Concealed.

The case involves an appeal by the wife against the judgment and order dated 26.08.2011 passed by the Family Court No.3, Nagpur, which dissolved the m...