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High Court of Karnataka Allows Writ Petition in Final Decree Proceedings — Mesne Profits Must Be Determined Before Auction Sale. Held that mesne profits under Section 2(12) CPC are a substantive right that cannot be deferred until after the sale of property in final decree proceedings.

The petitioner, Sri S.P. Suresh, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging two orders passed by the XV...

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Supreme Court Allows Appeal in Landlord-Tenant Dispute Over Executability of Possession Decree Against Municipal Corporation. Decree for Possession of Immovable Property Held Executable Against Judgment-Debtor Despite Corporation's Claim of Public Purpose.

The case involves a dispute between the appellant (original plaintiff, now deceased and represented by legal representatives) and the respondent, Muni...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner in possession of joint family property cannot claim adverse possession against other co-owners unless there is ouster or denial of title.

The case involves a second appeal filed by the legal heirs of the original defendant No.1 (since deceased) against the judgment and decree dated 01.10...

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High Court of Karnataka Allows Appeal in Money Recovery Suit — Admission of Liability in Written Statement Constitutes Acknowledgment Under Section 18 of Limitation Act, 1963. Suit for Recovery of Money Based on Supply of Goods Held Not Time-Barred Due to Defendant's Admission.

The case involves a suit for recovery of money filed by M/s. Jindal Steels, a partnership firm (plaintiff), against Trident Architectural Aluminium Pr...

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Madras High Court Allows Second Appeal in Partition Suit — Settlement Deed by Mother Without Legal Necessity Not Binding on Joint Family Property. Property Purchased by Father in Mother's Name Presumed to be Joint Family Property Under Hindu Law.

The plaintiffs, legal heirs of M.Annaiah, filed a suit for partition of three items of property and for declaration that a Settlement Deed dated 28.04...

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High Court of Karnataka Allows Revision Petition in Execution Case — Order Dismissing Section 47 Application Set Aside. Execution Court's Failure to Consider Objections Regarding Arbitral Award's Enforceability Constitutes Jurisdictional Error Under Section 115 CPC.

The present Civil Revision Petition was filed under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 19.03.2022 passed by...

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Bombay High Court Dismisses Appeal in Rent Control Suit — Plaintiff Failed to Prove Ownership and Tenancy. Suit for possession and mesne profits dismissed as plaintiff could not establish title or landlord-tenant relationship under the Maharashtra Rent Control Act, 1999.

The appellant, Shankar Parmeshwar Mistri, filed a Short Cause Suit No. 885 of 2010 in the City Civil Court at Dindoshi (Borivali Division), Goregaon, ...

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Madras High Court Considers Appeal in Partition Suit Over Alleged Benami Property and Gift Deeds. Trial Court Had Dismissed Plaintiff's Suit for Partition of Properties Claimed as Self-Acquired by Father, Relying on Benami Prohibition Act and Validity of Deeds.

The appeal arose from a partition suit where the plaintiff, daughter of deceased Syed Hussain, claimed a share in three properties, alleging they were...