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High Court of Karnataka Allows Appeal in Partnership Dispute — Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

The appellant (defendant) challenged the judgment of the II Additional Civil Judge (Sr. Dvn.) Hubballi in RA No.126/2004 dated 12.12.2006, which rever...

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Bombay High Court Dismisses Civil Revision Application in Trust Property Dispute — Upholds Trial Court's Refusal to Reopen Evidence. Applicant failed to demonstrate sufficient cause for recall of witness under Order 18 Rule 17 CPC, as the application was filed after a long delay and lacked bona fides.

The case involves a civil revision application filed by Sau. Sumita Pradeepkumar Dixit (original defendant No. 4) against the Gangadhar Makharia Chari...

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Madras High Court Allows Second Appeal in Recovery of Possession Case — Sale Deed Valid Despite Non-Execution of Rental Agreement. Plaintiff's title established through registered sale deed and possession handed over; defendant's denial of tenancy does not negate ownership.

The plaintiff (since deceased, represented by legal heirs) filed a suit for recovery of possession and arrears of rent against the defendant. The plai...

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Bombay High Court Considers Challenge to Interim Injunction Restraining Alienation of Ancestral Property by Gift Deeds. Key Question Involves Whether Notional Partition Under Section 6 of Hindu Succession Act, 1956 Terminated Coparcenary and Made Gift of Undivided Interest Valid.

The petitioners, who were defendants in a civil suit, invoked the writ jurisdiction of the High Court of Judicature at Bombay to challenge concurrent ...

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Supreme Court Allows Appeal in Will Dispute Case — High Court Erred in Interfering with Concurrent Findings of Fact. Will Execution Proved Under Section 63 of Indian Succession Act, 1925 and Section 65(c) of Indian Evidence Act, 1872.

The case involves a dispute over the validity of a Will dated 30.04.1980 executed by Chandu Ram in favor of his grandsons (sons of defendant No.5 Soha...

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Bombay High Court Grants Decree of Possession and Mesne Profits to Purchasers in Suit for Ejectment of Trespassers Based on Title. Unregistered Agreement for Sale Does Not Confer Title or Right to Possession Without Payment of Consideration.

The plaintiffs, Sharad Shantilal Chheda and Taruna Anil Chheda, filed a suit in the Bombay High Court seeking a decree of possession and mesne profits...

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High Court of Karnataka Dismisses Appeal in Declaration and Injunction Suit, Allows Partition Appeal — Family Property Dispute Over Joint Family Property and Adverse Possession

The case involves two appeals arising from suits between family members over agricultural land in Doddakannahalli. The appellant, K N Sananda Ganesh, ...