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Bombay High Court Upholds Trial Court Order Allowing Counter Claim in Partition Suit — Order VIII Rule 6A CPC Permits Filing Before Expiry of Time for Defence. Counter claim filed after written statement but within time for delivering defence is maintainable under Order VIII Rule 6A CPC.

The petitioners, Pradeep Kashinathrao Kalyankar and Sow. Pramila Pradeep Kalyankar, filed a Regular Civil Suit (RCS No. 136 of 2013) seeking a declara...

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Bombay High Court Allows Appeal Against Remand Order in Adverse Possession Suit — Trial Court Decree Restored. First Appellate Court Exceeded Jurisdiction by Remanding Suit for Filing Written Statement Despite Proper Procedure Being Followed.

The case arises from a suit for declaration of ownership based on adverse possession filed by the plaintiffs (appellants) against the defendant (respo...

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High Court of Karnataka Dismisses Second Appeal in Property Suit for Declaration and Injunction — Concurrent Findings of Fact Not Disturbed. Second Appeal Under Section 100 CPC Dismissed as No Substantial Question of Law Arises.

The appellants, legal representatives of the original plaintiffs, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, agains...

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High Court of Karnataka Sets Aside First Appellate Court's Decree and Restores Trial Court Dismissal; Adverse Possession Claim Fails as Plaintiff Did Not Admit Defendant's Title and Possession Was Not Hostile

The dispute concerned agricultural land bearing Sy.No.113 measuring 8 acres 84 cents in Bellary district. The original plaintiff Smt. Hampamma filed a...

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Bombay High Court Dismisses Appeal Against Remand Order in Property Suit — Trial Court's Judgment Set Aside for Failure to Frame Issues and Consider Evidence. Lower Appellate Court's Remand Under Order 41 Rule 23 CPC Upheld as Proper Exercise of Power to Prevent Failure of Justice.

The case involves a property dispute over land Survey No. 50 admeasuring 26 acres 4 gunthas situated at village Asadullabag. The original plaintiff, K...

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Bombay High Court Quashes FIR in Step-Mother's Complaint of Criminal Breach of Trust and Cheating Against Step-Son — Holds Nominee Designation Does Not Confer Beneficial Ownership, But Dispute is Purely Civil in Nature

The petitioner, Mukund Ashok Cairae, filed a writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Proc...

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High Court of Karnataka Adjudicates First Appeal Under Section 96 CPC in a Land Title and Possession Dispute Between Two Educational Trusts. The Appeal Arises from Dismissal of Suit for Declaration, Permanent and Mandatory Injunction by the Trial Court.

The dispute involved two educational trusts, the Golden Valley Educational Trust (plaintiff) and the Vokkaligara Sangha (defendant), over land granted...

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Bombay High Court Allows Second Appeal in Partition Suit, Holding That Defendant No. 2 Failed to Establish Adverse Possession Over Suit Property. The Court Set Aside Concurrent Findings of Lower Courts and Remanded the Matter for Fresh Consideration on the Issue of Adverse Possession.

The case involves a second appeal arising from a partition suit filed by the plaintiff (Sitaram) against defendants no. 1 (Pandharinath) and no. 2 (Pa...