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High Court of Karnataka Allows Regular First Appeals in Property Suit — Decree of Trial Court Set Aside for Non-Joinder of Necessary Parties. Suit for Partition and Separate Possession Held Not Maintainable Without Impleading All Co-Sharers Under Order 1 Rule 9 of CPC, 1908.

The judgment pertains to two Regular First Appeals filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated ...

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Bombay High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Courts Below. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession Over Suit Property.

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment and decree of the District Court dismissing their...

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High Court of Karnataka Dismisses Appeal in Suit for Permanent Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that findings of fact recorded by courts below based on evidence cannot be disturbed in appeal under Section 96 CPC unless perverse or contrary to material on record.

The case involves a Regular First Appeal filed by the defendants (appellants) against the judgment and decree dated 30.09.2010 passed by the Senior Ci...

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High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. Suit for Partition and Separate Possession Dismissed as Plaintiff Failed to Prove Joint Family Property and His Possession.

The appellant, Champa Poojari, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC), challenging the judgment an...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — No Substantial Question of Law Arises. Concurrent findings of fact regarding joint family status and limitation cannot be interfered with under Section 100 CPC.

The appellants, along with one Ramappa, filed a suit for declaration, partition, and separate possession of suit schedule properties, alleging the exi...

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High Court Hears Civil Revision Applications Against Appellate Order Upholding Obstructionist Right to Occupy Shops on Leased Land. Eviction Decree Against Tenants Did Not Automatically Extinguish Obstructionists' Possession Under Bombay Rent Act and Maharashtra Rent Control Act.

These Civil Revision Applications were filed under Section 115 of the Code of Civil Procedure, 1908 challenging the common judgment and order dated 4 ...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Interfered With. Suit for possession based on title and prior possession; appellate court refused to re-appreciate evidence in second appeal under Section 100 CPC.

The present second appeal was filed by the original defendant No.1 challenging the judgment and decree passed in Regular Civil Appeal No.238 of 1987 b...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession.

The present second appeal arises out of a civil suit for declaration of ownership and permanent injunction filed by the original plaintiffs (now appel...

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High Court of Karnataka Dismisses Appeals in Property Dispute, Upholds Trial Court's Partial Decree for Declaration, Injunction, and Partition. Appellants failed to prove title and possession over suit property, and trial court's findings were based on proper appreciation of evidence under Section 96 CPC.

The case involves two Regular First Appeals filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 26.02.2...