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Bombay High Court at Goa Allows Writ Petition Challenging Execution Order in Eviction Suit — Mundkar Claim Rejected, Adverse Possession Not Proven. The executing court erred in dismissing execution on the ground of adverse possession when the decree was valid and the issue was already decided.

The petitioners, Miss Aura Serafina Crispina de Souza and Miss Agnes Felicia de Souza, are the original decree-holders who obtained an eviction decree...

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Bombay High Court Upholds Trial Court's Order to Try Jurisdiction as Preliminary Issue in Contract Dispute. Exclusive jurisdiction clause in contract designating Mumbai courts does not automatically oust territorial jurisdiction of Aurangabad court without proper adjudication.

The petitioner, M/s Ghai Construction, filed a suit (Spl. C. S. No. 276 of 2009) in the Civil Court at Aurangabad for recovery of Rs. 652.06 Lakhs fro...

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High Court of Karnataka Allows Amendment of Plaint in Partition Suit — Petitioner Permitted to Include Alternative Relief of Injunction. Pre-trial amendment under Order VI Rule 17 CPC should be liberally allowed as it does not change the nature of the suit and causes no prejudice to the opposite party.

The petitioner, Basappa, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 11/02/2022 passed by...

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Gujarat High Court Allows Appeal in Property Dispute Case Due to Non-Examination of Key Witness and Adverse Inference Under Section 114(g) of Evidence Act. Sale Deed in Favour of Plaintiffs Proved Valid, Subsequent Transfers by Vendor After Losing Title Held Void.

The present First Appeal under Section 96 of the Code of Civil Procedure, 1908, was filed by the appellants-original plaintiffs challenging the judgme...

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High Court of Bombay at Goa Dismisses Review Petition in Civil Application for Lack of Error Apparent on Record. Court holds that review is not an appeal in disguise and that the judgment under review did not suffer from any error apparent on the face of the record.

The applicants, who were the original respondents in the main petition, filed a review application under Order 47 Rule 1 of the Code of Civil Procedur...