Search Results for "Regular Civil Suit"

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Bombay High Court Dismisses Second Appeals in Specific Performance Suit, Upholds Concurrent Findings of Readiness and Willingness. Agreement to Sell for Agricultural Land Held Valid and Enforceable Despite Non-Registration of Power of Attorney.

The case involves two second appeals arising from a suit for specific performance of an agreement to sell agricultural land. The plaintiff, Hiren Veni...

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High Court Dismisses Second Appeal by Pendente Lite Purchasers in Partition Suit Execution — Objections Under Order XXI Rule 97 Barred Due to Lis Pendens. Consent Decree in Appellate Court Not Proved Collusive; Rigors of Section 52 Transfer of Property Act Apply.

The present second appeal arose from execution proceedings in a partition suit that commenced in 1974. The original plaintiff Shankarrao Kanakdande ha...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Karnataka High Court Hears Appeals on Will Validity and Succession Rights Under Hindu Succession Act. Court Considers Limitation and Absolute Ownership of Widow's Property Under Section 14.

The plaintiff, daughter of late S. Venkobanna Setty, filed two suits concerning a property acquired by her father. The father married twice; the plain...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Upholds Finding That Suit Property Was Joint Family Property Based on Admission. Court holds that a finding of fact based on admission is not perverse unless contrary to evidence, and that the substantial question of law does not arise.

The appellants, original plaintiffs, filed a second appeal against the dismissal of their suit for partition of land Gat No.101/1A and House No.4. The...

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High Court of Karnataka Dismisses Plaintiffs' Regular Second Appeal Challenging Dismissal of Suit for Declaration and Injunction Over Inam Land. Regrant of Land Under Karnataka Village Office Abolition Act During Pendency of Suit Does Not Prove Antecedent Ownership or Possession.

The case involves a regular second appeal filed by the plaintiffs against the concurrent judgments of the trial court and the first appellate court di...

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Bombay High Court Allows Decree-Holder's Execution Against Pendente Lite Purchaser in Possession Suit. Held that a purchaser pendente lite is bound by the decree and can be dispossessed in execution under Order 21 Rule 35 CPC without a separate suit.

The petitioner, Kashinath Ramji Shinde (since deceased, represented by legal heirs), filed a suit in 1987 seeking possession, declaration, and mesne p...

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High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds trial and appellate court decrees granting 1/3rd share to plaintiffs in joint family property, rejecting defendants' claim of prior partition.

The present regular second appeal was filed by defendants No.1 to 6 (appellants) under Order XLII Rule 1 read with Section 100 of the Code of Civil Pr...