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High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement of Sale Not Proved as Defendant Was Not the Absolute Owner at the Time of Agreement.

The appellant, plaintiff in a suit for specific performance of contract, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908,...

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High Court of Judicature at Bombay Hears Letters Patent Appeal Against Single Judge’s Order Upholding State Minister’s Decision in Evacuee Property Mutation Dispute. Minister's Order Had Set Aside Lower Authorities' Orders Restoring Evacuee Property Entries.

This Letters Patent Appeal arose from a dispute over evacuee properties in Lonavala. The original owner, Haji Habib Tar Mohammed Janu, migrated to Pak...

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Bombay High Court Allows Second Appeal in Property Dispute — Remands Suit for Fresh Consideration Due to Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination by Lower Appellate Court Renders Judgment Unsustainable.

The appellant, Bhagwan Govind Nagre, filed a second appeal challenging the judgment and order dated 06.06.1994 passed by the learned District Judge, B...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Permanent Injunction — No Jurisdictional Error or Perversity Found in Lower Appellate Court's Reversal of Trial Court Decree.

The petitioners, who were the plaintiffs in a suit for permanent injunction, filed a writ petition under Article 227 of the Constitution of India chal...

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Bombay High Court Allows Landlord's Writ Petitions Against Appellate Court's Reversal of Eviction Obstruction and Mesne Profits Orders. The court held that an obstructor claiming through a tenant cannot resist eviction after a decree against the tenant, and mesne profits are independent of possession.

The case involves two writ petitions filed by the landlord, Udyavara R. Acharya and Ramadevi R. Acharya, against the respondent, Jugal Kishor Jagannat...