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High Court of Karnataka Allows Appeal in Property Suit — Trial Court Erred in Rejecting Plaint Under Order VII Rule 11(d) CPC. Suit for Declaration of Title and Possession Not Barred by Limitation as Plaintiff Was in Possession Within 12 Years of Filing.

The appellant/plaintiff filed a suit for declaration of title and possession against the respondents/defendants in O.S.No.7993/2000 before the XVI Add...

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Madras High Court Dismisses Appeal for Specific Performance, Upholds Counterclaim for Possession. Plaintiffs failed to prove readiness and willingness to perform sale agreement within reasonable time under Specific Relief Act, 1963.

The appellants, B.Kannan and K.Tamijarassy, were the plaintiffs in a suit for specific performance of an agreement of sale dated 12.07.2006, filed aga...

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High Court of Karnataka Dismisses Second Appeal in Declaration and Injunction Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Substantial Question of Law Must Arise for Interference in Second Appeal; Mere Appreciation of Evidence Not Sufficient.

The appellants, who were defendants 3 and 4 in the original suit O.S.No.39/2003, filed a second appeal under Section 100 of the Code of Civil Procedur...

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High Court of Karnataka Allows Appeal Against Family Court Order Returning Plaint in Suit for Declaration of Non-Marriage and Non-Paternity. Family Court Has Jurisdiction Under Section 7 of the Family Courts Act, 1984 to Entertain Suits Relating to Validity of Marriage and Parentage.

The appellant, Arjun S/o Ranappa Hatgundi, filed a suit before the Family Court, Kalaburagi, seeking a declaration that respondent No.1, Sushilabai @ ...