Search Results for "Mesne profit"

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Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Not Disturbed. Plaintiff failed to prove title and encroachment over 2 gunthas of land; courts below held that defendant had acquired title by adverse possession.

The plaintiff, Kisanlal Maniklal Rathi, filed a suit for possession of 2 gunthas of land from survey no. 75/4-A at Nandura, claiming ownership through...

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Bombay High Court Allows Appeal in Property Suit, Sets Aside Order Rejecting Plaint for Non-Prosecution. Court holds that dismissal of suit for default under Order IX Rule 8 CPC is not permissible when the plaintiff's counsel is absent but the defendant is present and ready to proceed.

The appellant, Prabhudayal Pande, filed a First Appeal against an order dated 14.8.2014 passed by the 8th Joint Civil Judge (Sr.Dn.), Nagpur, in Speci...

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High Court of Karnataka Hears Regular First Appeal Against Dismissal of Suit for Partition and Declaration. Daughter Challenges Will Dated 15.06.2001 Alleging Suspicious Circumstances and Non-Compliance with Proof Requirements Under Section 63 of Indian Succession Act, 1956.

The Regular First Appeal arose from a suit for declaration, partition, and mesne profits filed by one of the daughters of late M. Krishnappa. The dece...

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Bombay High Court Dismisses Petition Challenging Refusal to Dismiss Suit Under Order IX Rule 5 CPC. Order IX Rule 5 CPC does not apply when summons were never issued to defendants, and the provision is directory, allowing court discretion to extend time for service.

The petitioner, Sanjay Madanchand Kashyap, who was defendant no.1 in Special Civil Suit No.769 of 2012, filed a writ petition challenging the order da...

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Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Not Interfered With. Licensee Defendants Failed to Prove Independent Title; Suit for Possession Based on Title Maintainable Without Prior Revocation of License.

The present second appeal was filed by the original defendants against the judgment and decree dated 16.04.2022 passed by the District Judge-1, Nagpur...