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Search Results for "declaration of title"

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High Court

High Court of Karnataka Allows Regular Second Appeal in Property Dispute — Suit for Declaration and Injunction Dismissed Due to Failure to Prove Title and Possession. Court holds that plaintiffs must establish title and possession independently, and that a co-owner in exclusive possession of a portion cannot be dispossessed without due process of law.

25 Sep 2025

The appellants, who were the plaintiffs in the original suit, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, ag...

High Court

High Court of Karnataka Dismisses Second Appeal in Declaration and Injunction Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial court and first appellate court's concurrent findings that plaintiffs 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.

25 Jul 2025

The case involves a Regular Second Appeal filed by the appellants (plaintiffs) against the judgment and decree of the Senior Civil Judge, Bengaluru Ru...

High Court

High Court of Karnataka Dismisses Writ Petition Seeking Declaration of Title Over BDA Acquired Land — Petitioner Fails to Establish Possession or Title After 1971 Acquisition Notification Under City of Bangalore Improvement Act, 1945.

16 Jul 2025

The petitioner, Sri Venu, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a declaration that the respondents hav...

High Court

High Court of Karnataka Dismisses Second Appeal in Declaration Suit — Concurrent Findings of Ownership Upheld. Regular Second Appeal under Section 100 CPC fails as no substantial question of law arises from concurrent findings of fact regarding title and possession.

13 Jun 2025

The appellant, Somayya Belchada, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree...

High Court

High Court of Karnataka Dismisses Regular Second Appeals in Decree and Partition Suits — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for declaration and injunction dismissed as plaintiffs failed to prove title and possession; cross-suit for partition decreed based on prior compromise decree.

13 May 2025

The case involves two connected regular second appeals arising from a common judgment of the Senior Civil Judge, Doddaballapur, in R.A.No.5/2009 and R...

High Court

High Court of Karnataka Dismisses Appeal in Property Declaration Suit — Upholds Trial Court's Finding of Plaintiff's Ownership Based on Sale Deed and Possession. Defendants' Claim of Adverse Possession Fails as They Failed to Prove Hostile Possession for Statutory Period Under Section 65 of Limitation Act, 1963.

9 Apr 2025

The appeal arises from a judgment and decree dated 16.07.2018 passed by the II-Additional Senior Civil Judge, Ballari in O.S.No.211/2015, decreeing th...

Supreme Court

Supreme Court Allows Appeal in Property Injunction Suit — High Court Erred in Reappreciating Facts Under Section 100 CPC. Suit for Injunction Without Declaration Is Maintainable When Plaintiff's Title Is Not Seriously Disputed and Boundaries in Sale Deed Support Possession.

7 Mar 2025

The appellant, plaintiff in O.S. No. 379 of 1998, filed a suit for perpetual and mandatory injunction against the respondents/defendants, claiming own...

High Court

High Court of Karnataka Allows Appeal in Property Dispute Between Brothers — Sets Aside Trial Court Decree for Declaration and Possession. Suit for Declaration of Title and Possession Dismissed as Plaintiff Failed to Prove Ownership and Adverse Possession Against Co-Owner Brother.

21 Feb 2025

The appeal arises from a judgment and decree dated 07.11.2007 in O.S.No.3163/1990 passed by the XV Addl. City Civil and Sessions Judge, Bangalore, dec...

High Court

Bombay High Court Dismisses Civil Revision Application Against Rejection of Plaint Under Order VII Rule 11 CPC in Suit for Specific Performance and Declaration of Title. Limitation Issue Held to Be Mixed Question of Fact and Law Requiring Trial.

19 Sep 2024

The present Civil Revision Application (CRA) was filed by Defendant No.9 (the applicant) impugning an order dated 10.04.2023 passed by the Trial Court...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Suit for Possession and Declaration of Title — Plaint Discloses Cause of Action and Is Not Barred by Limitation or Specific Relief Act. The court held that the trial court erred in relying on extraneous material and that the plaint averments showed the suit was within limitation under Article 65 of the Limitation Act, 1963.

27 Jul 2022

The appellant, Manu Babu Patel, original plaintiff no.1, along with respondent no.7 (original plaintiff no.2), filed a suit in the Civil Judge, Senior...

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