Search Results for "going behind decree"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
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Bombay High Court Dismisses Appeal Against Attachment of Property in NSEL Scam C...
Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

Search Results for "going behind decree"

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High Court

Gujarat High Court Dismisses Second Appeal in Property Suit — Upholds Concurrent Findings of Fact. Appellate Court's Reversal of Trial Court's Decree Set Aside Due to Lack of Substantial Question of Law Under Section 100 CPC.

24 Feb 2026

The appellant, Manilal Ratnabhai Solanki, was the unsuccessful plaintiff in a suit for declaration of title and possession of suit land. He filed Regu...

High Court

Bombay High Court Allows Amendment of Plaint After 30 Years in Property Suit — No Prejudice as Trial Not Commenced. Pre-Trial Amendment Permissible Under Order VI Rule 17 CPC Despite Delay, as No New Cause of Action Introduced.

11 Dec 2025

The present writ petition arises out of a civil suit filed in 1993 by the original plaintiffs, Smt. Bertha Carvalho and Shri Ross Carvalho, against th...

High Court

High Court of Karnataka Allows Appeal in Rent Recovery Suit — Defendant Not Liable for Rent After Vacating Premises. Tenant's Liability for Rent Ceases Upon Vacating and Handing Over Possession, Even Without Formal Termination Notice Under Section 106 of Transfer of Property Act, 1882.

12 Dec 2024

The case involves a Regular First Appeal filed by the defendant, M. Bhaskar, against the judgment and decree dated 27.06.2015 passed by the VII Additi...

High Court

Bombay High Court Dismisses Appeal Against Decree of Specific Performance of Contract for Sale — Agreement of Sale Validly Proved and Plaintiff Ready and Willing to Perform. Court upholds trial court's finding that defendant failed to prove that agreement was not executed or that plaintiff was not ready and willing to perform.

3 Jan 2019

The present appeal arises from a judgment and decree passed by the Civil Judge, Senior Division, Aurangabad in Special Civil Suit No.26/2014, whereby ...

High Court

Bombay High Court Allows Impleadment of Purchaser in Pending Eviction Suit — Lis Pendens Does Not Bar Impleadment Under Order 1 Rule 10 CPC. Purchaser of suit property during pendency of litigation is entitled to be impleaded to protect her interest, as the principle of lis pendens under Section 52 of Transfer of Property Act, 1882 only binds the purchaser by the decree, not prohibits impleadment.

19 Sep 2017

The petitioner, Minalini Lalit Modi, purchased the suit flat from the tenant (respondent no.2) during the pendency of an eviction suit filed by the la...

High Court

High Court of Karnataka Allows Second Appeal in Easement Rights Case — Prescriptive Easement Claim Upheld Based on Long User and Acquiescence. Court Restores Trial Court Decree Granting Declaration of Easement by Prescription and Permanent Injunction.

25 Apr 2016

The appellant, N. Vijendra Rao, filed a suit (O.S. No. 276/1994) before the Principal Civil Judge (Jr. Dn.), Mangalore, seeking a declaration of his a...

High Court

Bombay High Court Allows Wife's Appeal in Marriage Validity Dispute — Holds That Conversion to Hinduism Before Marriage Can Be Inferred from Conduct and That Family Court Has Jurisdiction Under Hindu Marriage Act, 1955. The court found that the wife had converted to Hinduism before marriage, making the marriage valid, and remanded the case for hearing on merits.

25 Nov 2005

The case involves an appeal by the wife, Smt. Madhavi Ramesh Dudani, against a common judgment and order dated 29th June 2004 passed by the Family Cou...

High Court

Bombay High Court Allows Appeal in Property Dispute — Consent Terms Not Binding on Applicants Under Order 21 Rule 99 CPC. Court holds that applicants who were not parties to consent terms are entitled to restoration of possession or alternative accommodation.

8 Apr 2005

The case involves an appeal filed by the plaintiffs (appellants) against an order of a learned single Judge in a Chamber Summons taken out by Responde...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. The court held that the plaintiff's title as sole heir was established and the defendant failed to prove adverse possession.

30 Nov -0001

The second appeal arose from a suit for possession and mesne profits filed by the original plaintiff (since deceased, represented by legal heirs) agai...

High Court

Bombay High Court Allows Second Appeals in Property Suit, Remands for Fresh Consideration on Issue of Possession and Limitation. The court held that the lower appellate court's findings on possession were perverse and not based on evidence, requiring a fresh adjudication on limitation and adverse possession under Article 65 of the Limitation Act, 1963.

30 Nov -0001

The case involves three second appeals arising from a suit for possession filed by Salvador Quadros (respondent/plaintiff) against Conceicao Quadros a...

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