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High Court of Bombay Allows Appeal in Civil Suit Remand Case — Remand Order Set Aside as Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23A CPC. The appellate court cannot remand a suit for retrial when the trial court has already decided it on merits without any procedural irregularity.

The appeal arises from a judgment and order dated 22 March 2022 passed by the District Judge, Raigad, setting aside the judgment and decree dated 22 A...

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Bombay High Court Dismisses Writ Petition Challenging Land Acquisition for High-Speed Rail Project Due to Lack of Locus Standi. Petitioners, Not Being Recorded Titleholders, Cannot Challenge Acquisition Under Right to Fair Compensation Act, 2013.

The petitioners, Dilip Babubhai Shah and others, filed a writ petition before the Bombay High Court challenging the land acquisition proceedings initi...

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Bombay High Court Dismisses Appeal in Property Dispute Over Rectification Deed — Upholds Concurrent Findings on Possession and Title. The court held that the plaintiff failed to prove possession and title over the suit property, and the rectification deed did not alter the defendant's prior rights.

The appellant, Shubhangi Ramesh Bhatkar, was the plaintiff in Regular Civil Suit No. 15 of 2006 before the Civil Judge, Senior Division, Ratnagiri. Sh...

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High Court of Karnataka Dismisses Appellants' Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Agreement of Sale Dated 21.4.2002 Proved by Plaintiff; Defendant's Legal Representatives Failed to Show Perversity in Lower Courts' Findings.

The appellants, legal representatives of the original defendant in O.S. No. 216/2005, challenged the judgment and decree dated 18.7.2013 passed in R.A...

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Bombay High Court Allows Appeal Against Remand Order in Divorce Case — Remand Without Deciding Merits Not Permissible Under Order 41 Rule 23A CPC. Appellate Court Must First Reverse Decree on Merits Before Remanding Under Order 41 Rule 23A of Code of Civil Procedure, 1908.

The case arises from a matrimonial dispute where the respondent-wife filed a divorce petition under Section 13(1)(i)(ia) of the Hindu Marriage Act, 19...

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Bombay High Court Allows Appeal in Property Injunction Suit — Remands Case for Fresh Consideration. Lower Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence Under Order 41 Rule 23 CPC.

The appellant, Sayed Akbar, filed a suit for perpetual injunction and declaration of ownership against respondents Dhondiba and Sayeed Habib regarding...

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Bombay High Court Dismisses Appeal Against Remand Order in Property Suit — Trial Court's Judgment Set Aside for Failure to Frame Issues and Consider Evidence. Lower Appellate Court's Remand Under Order 41 Rule 23 CPC Upheld as Proper Exercise of Power to Prevent Failure of Justice.

The case involves a property dispute over land Survey No. 50 admeasuring 26 acres 4 gunthas situated at village Asadullabag. The original plaintiff, K...