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Karnataka High Court Allows Second Appeal and Remands Suit for Recovery of Possession for Fresh Adjudication; First Appellate Court's Decree Set Aside for Failure to Frame Points for Determination and Properly Prove Wills under Evidence Act.

The case arose from a regular second appeal filed by the legal representatives of the original defendant against the judgment of the first appellate c...

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High Court of Bombay at Goa Allows Appeal Against Remand Order in Property Dispute — Deed of Settlement Interpretation. First Appellate Court Exceeded Jurisdiction Under Order XLI Rule 27 CPC by Allowing Additional Evidence Without Proper Grounds.

The appellant, Shrikrishna Vasudev Patil, filed an appeal against the judgment and decree dated 27/12/2010 passed by the District Judge-2, North Goa, ...

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High Court of Karnataka Quashes Lower Appellate Court's Order Allowing Amendment of Written Statement in Remanded Civil Appeal. Procedural Irregularity Found as Application Decided Independently Without Simultaneous Hearing with Main Appeal, Contravening Settled Principles Under Section 96 CPC.

The writ petition arose from a civil suit concerning property rights. The plaintiff filed a suit for partition and declaration, which was decreed by t...

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Madras High Court Allows Second Appeal in Property Dispute Due to Non-Compliance with Remand Order. First Appellate Court Failed to Appoint Commissioner to Measure Property as Per Sale Deeds, Vitiating Its Judgment.

The case involves a property dispute where the plaintiff originally filed a suit for declaration, permanent injunction, and mandatory injunction. The ...