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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Courts Below Upheld. Suit for Declaration of Title and Injunction Based on Adverse Possession Fails as Plaintiff Failed to Prove Hostile Possession for Statutory Period.

The case pertains to a second appeal filed by the first defendant in O.S.No.17/1992 before the Civil Judge (Sr.Dn), Chintamani, challenging the concur...

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Madras High Court Upholds Preliminary Decree for Partition in Favour of Daughter in Hindu Succession Act Case. Court holds that Will executed after testator's death is invalid and settlement deed after pre-suit notice is not binding.

The case involves a partition suit filed by M. Kowsalyadevi (plaintiff) against her father (second defendant) and other family members, seeking a 1/8t...

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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 Dismisses Bank's Petition Challenging Rejection of Plaint Rejection Application in SARFAESI Act Suit. Court Holds That Bar Under Section 34 of SARFAESI Act Is Not Absolute and Civil Court Retains Jurisdiction to Examine Legality of Proceedings.

The petitioners, Jalgaon Peoples Co-operative Bank Ltd. and its authorized officer, challenged an order dated 27.09.2016 passed by the 6th Joint Civil...

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Bombay High Court Allows Civil Revision in Eviction Suit — Lease Deed Not Duly Proved Under Evidence Act. Court holds that secondary evidence of a supplementary lease deed was inadmissible without proper foundation for leading secondary evidence under Section 65 of the Indian Evidence Act, 1872.

The case arises from a civil revision application challenging a judgment and decree of the appellate bench of the Court of Small Causes at Mumbai, whi...

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Bombay High Court Dismisses Revision, Upholds Civil Court Jurisdiction in Forced Resignation Case. Civil Court Has Jurisdiction to Entertain Suit Challenging Resignation Obtained by Force, as Dispute Does Not Fall Under Industrial Disputes Act or Specific Relief Act.

The case involves a civil revision application filed by the defendants challenging an order passed by the trial court on a preliminary issue regarding...

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High Court of Karnataka Reserves Order on Petitions to Quash FIRs in Joint Development Project Dispute. Petitions Challenge Three Separate Criminal Proceedings for Breach of Agreement, Cheating, Forgery, and Bribery in Procurement of Occupancy Certificate for Residential Villa Project.

The High Court of Karnataka heard three criminal petitions filed by Sri Aditya Kankaria, a director of M/s KSM Niketan Pvt. Ltd., seeking quashing of ...

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High Court of Karnataka Allows Partition Appeal, Remands Suit for Fresh Consideration on Issue of Joint Family Property. The trial court's decree was set aside due to improper appreciation of evidence and failure to frame proper issues regarding the nature of the suit properties.

The appeal arises from a judgment and decree dated 30.11.2006 passed by the Principal Civil Judge (Sr.Dn.), Dharwad, in O.S.No.242/2003, decreeing the...