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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The case arises from a second appeal filed by the original plaintiffs (appellants) against the dismissal of their suit for possession of agricultural ...

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Supreme Court Allows Appeal in Res Judicata Case — High Court Erred in Dismissing Second Appeal Without Considering Substantial Question of Law. The suit for declaration of title and possession was not barred by res judicata as the earlier suit did not adjudicate the rights of co-defendants.

The plaintiff-appellant, Har Narayan Tewari, filed Title Suit No.9/89 for declaration of title and possession over 0.30 acres of land (0.12 acres of P...

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Bombay High Court Frames Preliminary Issue of Limitation in Partition Suit Over Property Bequeathed by Will. Plaintiffs Claim Share in Villa Bemvinda and Challenge Development Agreement After Probate Was Granted and Revocation Petition Dismissed.

The dispute arose over Villa Bemvinda, a property in Bandra, Mumbai, originally owned by Andrew D'Cunha. He executed a will on 20.2.1971 bequeathing t...

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Bombay High Court Grants Leave Under Clause XII of Letters Patent, 1865 for Partition Suit Involving Immovable Property Outside Jurisdiction. Part of Cause of Action Within Jurisdiction Sufficient to Confer Jurisdiction Over Entire Suit.

The plaintiff, Jaspal Sawhney, filed a petition seeking leave under Clause XII of the Letters Patent, 1865 to file a suit (L) No. 494 of 2014 against ...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that the second appellate court cannot re-appreciate evidence unless there is a perverse finding or substantial question of law under Section 100 of CPC.

The appellant, who was the defendant in the original suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging t...