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Karnataka High Court Dismisses Second Appeal in Property Declaration Suit — Concurrent Findings of Fact Not Interfered With. Suit for declaration of ownership and challenge to will dismissed as plaintiffs failed to prove title and possession.

The appellants, who were the plaintiffs in the original suit, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, ag...

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Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

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Bombay High Court Dismisses Notice of Motion for Interim Relief in Specific Performance Suit Due to Non-Compliance with Order XXXIX Rule 3 CPC. Plaintiffs Failed to Make Out Prima Facie Case for Appointment of Receiver or Injunction.

The plaintiffs, M/s. Pride Associates and others, filed a suit for specific performance of an Agreement for Sale dated 4th June 2005 for a property in...

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Bombay High Court Considers Forum Conveniens Objection in Writ Petition Against Tribunal's Pre-Deposit Waiver Refusal. Developer Challenges Order Requiring Deposit Under Section 43(5) of RERA Act While Flat Purchaser Objects to Principal Seat Jurisdiction.

The writ petition under Articles 226 and 227 of the Constitution challenged the order dated 7 April 2021 of the Maharashtra Real Estate Appellate Trib...

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Supreme Court Dismisses Appeals in Partition Dispute Over Estate of Late Col. Kultar Singh Dhillon — Territorial Jurisdiction and Preliminary Issues Not Grounds for Rejection of Plaint

The Supreme Court dismissed two civil appeals arising from a partition dispute over the estate of late Col. Kultar Singh Dhillon, who died on 6th Janu...

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Bombay High Court Dismisses Promoter's Appeal in RERA Case — Force Majeure Clause Cannot Override Statutory Right to Interest Under Section 18 of RERA Act. Promoter Liable to Pay Interest for Delayed Possession Even if Delay Due to Events Beyond Control.

The case involves an appeal filed by Sanvo Resorts Pvt. Ltd. & Ors. (the promoter/developer) under Section 58 of the Real Estate (Regulation and Devel...

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Supreme Court Dismisses Appeals by Liquidators Challenging Benami Act Attachment Orders, Upholds NCLAT Ruling that IBC Authorities Lack Jurisdiction to Entertain Challenges to Benami Act Orders During Insolvency Proceedings

The Supreme Court dismissed a batch of civil appeals filed by liquidators challenging provisional attachment orders issued under the Prohibition of Be...

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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. Court upholds trial and appellate court decrees dismissing suit for declaration and injunction, finding no substantial question of law.

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) arises from a suit for declaration and injunction filed...