Search Results for "conditional possession"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Disposes Appeal by Consent Appointing Arbitrator in MSME Dispute, ...

Search Results for "conditional possession"

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High Court

Madras High Court Allows Final Decree Application in Mortgage Suit Despite Limitation — Time Spent in Earlier Litigation Excluded Under Section 14 of Limitation Act. The court held that the plaintiff's final decree application was within limitation as the period during which the defendant challenged the ex parte decree was excluded under Section 14 of the Limitation Act, 1963.

29 Jan 2026

The case arises from a mortgage suit filed by M/s. Visu Financiers (plaintiff) against G. Sundararaj (defendant) for recovery of money due on a mortga...

High Court

Madras High Court Allows Restoration of Suit Dismissed for Default Due to Advocate's Negligence — Plaintiff Not Penalized for Advocate's Lapse Under Order IX Rule 9 CPC. Conditional Order Set Aside Subject to Payment of Rs.1,000 Costs.

6 Jan 2026

The plaintiff filed a civil suit in 2011 seeking declaration, permanent injunction, and alternative relief of partition. On July 27, 2016, the suit wa...

Supreme Court

Supreme Court Allows Appeal in Mortgage Suit: High Court Erred in Holding No Mortgage Created Despite Agreement to Deposit Title Deeds. Equitable Mortgage by Deposit of Title Deeds Under Section 58(f) of Transfer of Property Act, 1882 Established Through Agreement and Evidence.

9 Sep 2024

The dispute arose from a loan transaction between the appellant (plaintiff) and the respondent (defendant) in February 1995, where the appellant advan...

High Court

High Court of Karnataka Hears Two Regular First Appeals Filed Against Trial Court Judgments in Property Dispute. Appeals Challenge Dismissal of Declaration Suit and Decree of Partition Suit Based on Conflicting Gift Deeds and Succession Claims.

3 Aug 2021

The High Court of Karnataka took up two Regular First Appeals (RFA No.1285/2008 and RFA No.731/2014) for common disposal, arising from two original ci...

Supreme Court

Supreme Court Allows Developer's Appeal in Part, Reducing Interest Rate on Refund for Delayed Possession of Row House. Buyer's Agreement's One-Sided Clause on Delay Interest Does Not Preclude Claim for Reasonable Compensation; Refund Upheld but Interest Reduced from 12% to 9%.

25 Mar 2019

The case involves a dispute between Kolkata West International City Pvt Ltd (the developer/appellant) and Devasis Rudra (the buyer/respondent) arising...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Specific Performance of Agreement to Reconvey — Upholds Concurrent Findings of Fact That Agreement Was Not Proved. Court holds that the plaintiffs failed to prove the execution and validity of the agreement to reconvey dated 29.06.1986, and that the suit was barred by limitation under Article 54 of the Limitation Act, 1963.

4 Sep 2015

The appellants (plaintiffs) filed a second appeal challenging the decree of the District Judge-5, Pune, which set aside the trial court's decree in th...

High Court

Bombay High Court Dismisses Second Appeals in Property Partition Suit, Upholding Concurrent Findings of Courts Below. Family Property Partition Decree Confirmed as No Substantial Question of Law Arises Under Section 100 CPC.

6 Feb 2014

The judgment pertains to two second appeals arising from a partition suit concerning family property. The appellant in Second Appeal No.164 of 2002, B...

High Court

Bombay High Court Allows Specific Performance of Agreement for Sale Despite Fragmentation Act Restrictions — Condition Precedent of Obtaining Permission Not Fulfilled by Vendor. Vendor's Failure to Obtain Permission Under Bombay Prevention of Fragmentation and Consolidation Holdings Act, 1947 Does Not Bar Specific Performance When Purchaser is Ready and Willing.

29 Nov 2012

The appellant, Shantaram Babu Longale, filed Regular Civil Suit No. 71 of 1981 against the respondents for specific performance of an agreement for sa...

High Court

Bombay High Court Allows Possessors to Pay Decretal Amount to Avoid Auction in Execution Proceedings. Decree Holder Cannot Insist on Auction When Possessor Willing to Satisfy Decree Under Order 21 Rules 64 and 83 of Code of Civil Procedure, 1908.

6 Jun 2011

The petitioners, Lalit Malick, Shyam Malick, and Madhu Bhatti, filed a writ petition challenging the execution proceedings of a decree passed in Comme...

High Court

Bombay High Court Allows Appeal in Suit for Reconveyance of Sale Deed Executed as Security for Loan — Transaction Held to be Mortgage by Conditional Sale. The court held that a sale deed executed with an agreement to reconvey upon repayment of a loan constitutes a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882, and the suit for reconveyance filed within 30 years was within limitation.

26 Oct 2010

The appellant, Balbhim Sakharam Magar, filed an appeal against the judgment and order dated 10th July, 2003 in Regular Civil Appeal No. 25 of 1993, wh...

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