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Bombay High Court Dismisses Second Appeal in Property Partition Suit — Concurrent Findings of Fact Not Interfered With. Suit for partition and separate possession of ancestral property dismissed as plaintiff failed to prove joint family property and possession.

The appellant, Nitin Keshavlal Shah, filed a second appeal against the judgment and order dated 31/07/2023 passed by the learned District Judge-1, Lat...

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Bombay High Court Allows Appeal Against Order Returning Plaint Without Reasons in Commercial Suit for Specific Performance. District Court's Order Under Order 7 Rule 10 CPC Set Aside for Lack of Reasoning and Non-Compliance with Commercial Court Act.

The appellant, Shreem Electric Limited, filed a Commercial Suit No. 4 of 2017 before the District Court, Kolhapur, seeking specific performance of pur...

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Madras High Court Dismisses Revision Petition Challenging Executability of Decree on Ground of Non-Compliance with Order XX Rule 4 CPC. Judgment Debtor Cannot Raise Nullity of Decree Under Section 47 CPC After Ex-Parte Decree Became Final and Earlier Application to Set Aside Was Dismissed.

The case involves a civil revision petition filed by Srinivasa Doss (petitioner) against P.Kalaidasan and P.Seshian (respondents) challenging an order...

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Bombay High Court Allows Letters Patent Appeal by MSRTC Driver, Restores 50% Back Wages. Industrial Court Found to Have Exceeded Jurisdiction Under Section 44 of MRTU & PULP Act, 1971, by Interfering with Labour Court's Discretionary Award.

The appellant, a former driver with the Maharashtra State Road Transport Corporation (MSRTC), was dismissed from service on 28.09.1991 on grounds of a...

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Bombay High Court Allows Second Appeal in Specific Performance Execution Dispute — Maintainability of Appeal Under Section 47 CPC Clarified. Court holds that an order rejecting objection under Section 47 CPC is a decree appealable under Section 96 CPC, not revisable under Section 115 CPC.

The present second appeal is filed by the appellant, original plaintiff, aggrieved by the judgment and decree passed by the learned District Judge-9 a...