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High Court of Karnataka Dismisses Second Appeals in Property Suit, Upholds Concurrent Findings of Courts Below. Suit for Declaration and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The case involves two regular second appeals filed by the appellants, Chanderakant and Suryakant, against the respondents, who are legal representativ...

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Bombay High Court Dismisses Second Appeal in Encroachment and Possession Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Defendants' Encroachment on Plaintiffs' Land Upheld Based on Measurement and Revenue Records.

The present second appeal was filed by the original defendants challenging the concurrent findings and decree in R.C.A. No.65/2015 by the learned Dist...

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Bombay High Court Dismisses Writ Petition Challenging Trial Court's Refusal to Reopen Evidence in Civil Suit — No Error in Discretion Exercised Under Order 18 Rule 17 CPC.

The petitioners, defendants in a civil suit, challenged the order of the trial court dated 28.2.2014 rejecting their application under Order 18 Rule 1...

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Bombay High Court Allows Second Appeal in Encroachment Suit — Remands for Fresh Consideration of Mesne Profits. Courts below erred in dismissing suit without considering evidence of encroachment and mesne profits under Section 6 of the Specific Relief Act, 1963.

The plaintiffs, owners of field Gat No. 268 admeasuring 5.88 HR at village Dhamana Bk, Tahsil Akot, District Akola, filed a suit alleging encroachment...

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Bombay High Court Dismisses Second Appeal in Property Dispute Between Brothers Over Common Way and Drainage. Consent Deed Interpretation Upheld; Underground Drainage Held Likely to Cause Nuisance.

The dispute in this second appeal arose between three brothers, Satyanarayan (appellant), Shankarrao, and Tryambak (respondents), over ancestral prope...

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Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Tender Cancellation Dispute. Court holds that the plaintiff has a prima facie case and balance of convenience in its favor regarding the cancellation of tender acceptance and forfeiture of earnest money.

The appellant, Sunil Mantri Realty Limited, filed an appeal against the order dated 29.09.2009 passed by the learned Joint Civil Judge Senior Division...