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High Court of Karnataka Dismisses Petition Challenging Compromise Decree in Partition Suit — Petitioners Failed to Prove Fraud or Misrepresentation. Challenge to Compromise Decree Under Order XXII Rule 3 CPC Dismissed as Not Maintainable and Time-Barred.

The petitioners, Sri Shivarudrappa and Sri S. Somashekar, were defendants No.1 and 3 in O.S.No.24/2011, a suit for partition filed by the respondent, ...

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Bombay High Court (Aurangabad Bench) Hears Appeal Against Remand Order Allowing Third Party Challenge to Consent Decree. The Court Examines Whether Section 96(3) of the Code of Civil Procedure, 1908 Bars an Appeal by Strangers to a Consent Decree, and Whether Allegations of Fraud Vitiate the Decree.

The appellant, Vilas Trimbak Sanap, filed a partition suit (RCS No. 499/2014) against his father and brothers (respondent Nos. 4–6) claiming a 1/4th...

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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.

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...

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Supreme Court Dismisses Union of India's Appeal in Land Grabbing Case Due to Application of Res Judicata. Prior Civil Court Decree Conclusively Determined Title and Possession, Barring Re-litigation Under Section 8 of Andhra Pradesh Land Grabbing (Prohibition) Act, 1982.

The dispute originated from an application filed by the legal heirs of S.V. Srinivasulu Naidu under Section 8 of the Andhra Pradesh Land Grabbing (Pro...

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Gujarat High Court Examines Whether Appeal is Barred by Res Judicata and Abatement in Suit for Specific Performance; Court Notes that Plaintiffs Did Not Appeal Decree in Companion Suit and Failed to Bring All Legal Heirs On Record.

The appeal arises from the judgment and decree dated 18.03.2000 passed by the trial court in Special Civil Suit No. 176 of 1991 and Regular Civil Suit...

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Bombay High Court Dismisses Revision Against Eviction Decree in RAE Suit — Tenant's Legal Representatives Cannot Challenge Landlord's Title After Attornment. Consent Decree in Partition Suit Binding on Parties; Tenant Cannot Deny Landlord's Title Under Section 116 of Evidence Act, 1872.

The case arises from a civil revision application filed by the defendants (legal representatives of the original tenant) against the judgment and decr...

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Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

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High Court of Karnataka Considers Second Appeal Against Decree Granting Declaration and Possession; Operative Part Missing. The appeal challenges the first appellate court's reversal of the trial court's dismissal, but the judgment's conclusion is not provided.

The dispute involves a regular second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellants (original defendants) bef...