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Bombay High Court Dismisses Second Appeal by Subsequent Purchaser Against Refusal to Condon Delay of 3.5 Years in Filing Appeal. Limitation Act, 1963 Section 5 - Condonation of Delay - Sufficient Cause Not Established - Delay of 3.5 Years Not Explained.

The appellants, Modu Sonsing Vanjari and others, were subsequent purchasers of property. They filed an appeal against a decree passed by the trial cou...

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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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Bombay High Court Allows Insurance Company's Appeal in Marine Insurance Claim Dispute, Reduces Compensation. Court holds that the trial court had territorial jurisdiction but reduces the awarded amount due to errors in calculation of damages and interest.

The New India Assurance Co. Ltd. appealed against the judgment and decree dated 30th April 2013 passed by the Civil Judge, Senior Division, Panaji in ...

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High Court of Karnataka Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings on Possession and Title. Court holds that plaintiff failed to prove title and possession over suit property, and that the suit was barred by limitation under Article 65 of the Limitation Act, 1963.

The appellant, Sri B.S. Lakshman, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decre...

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Bombay High Court Allows Appeal in Suit for Specific Performance of Agreement to Sell — Plaintiff Fails to Prove Readiness and Willingness. Agreement to Sell Dated 2004 Not Enforceable as Plaintiff Did Not Show Financial Capacity or Deposit Balance Consideration.

The case involves a First Appeal filed by the original defendants against the decree of specific performance of an agreement to sell dated 15.04.2004....

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Bombay High Court Allows Partition Appeal in Family Property Dispute — Plaintiff Granted 1/3rd Share Based on Contribution. Court held that the plaintiff's claim for 2/3rd share was barred by res judicata due to dismissal of earlier suit for recovery of contribution amount.

The case involves a partition suit filed by Dr. Bhalchandra Govind Kshirsagar (plaintiff) against his family members (defendants) seeking a 2/3rd shar...

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Bombay High Court Dismisses Second Appeals in Property Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner cannot claim adverse possession against another co-owner unless there is clear ouster and hostile title asserted.

The case involves a property dispute between two brothers, Gurudayalsing Bindra (original defendant, now represented by his legal representatives as a...

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Bombay High Court Dismisses Suit as Barred by Res Judicata and Limitation in Will Execution Dispute. Prior US Surrogate Court decree and delay in filing render suit not maintainable under Section 11 CPC and Limitation Act, 1963.

The suit was filed by Jaswinder Paul Batra, Brinder Batra, and Sunaina Batra (plaintiffs) against Neeru Batra, Baljit Singh, ING Vysya Bank Ltd., and ...