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

The appellants (plaintiffs) filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree of t...

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Madras High Court Allows Revision Against Dismissal of Suit for Default, Restores Suit on Condition of Costs. Order 9 Rule 9 CPC does not bar a fresh suit when the earlier suit was dismissed for default under Order 9 Rule 3 CPC, as the bar applies only to dismissals under Order 9 Rule 8 CPC.

The petitioners, as plaintiffs, filed a civil suit O.S.No.172 of 2018 before the District Munsif Court, Tindivanam, seeking relief. The suit was dismi...

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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholds Concurrent Findings of Courts Below. The court held that the appellant-defendant failed to prove exclusive title by adverse possession and that the suit was not barred by limitation under Article 65 of the Limitation Act, 1963.

The dispute pertains to a partition suit filed by the original plaintiffs (respondents) seeking partition of ancestral property. The appellant, defend...

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Bombay High Court Dismisses Second Appeals in Specific Performance Suit — Upholds Concurrent Findings of Fact on Agreement to Sell and Possession. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and concurrent findings of fact are not perverse.

The case involves two second appeals arising from a common judgment of the appellate court in a suit for specific performance of an agreement to sell ...