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Karnataka High Court Dismisses Second Appeal by Plaintiffs in Suit for Injunction Due to Failure to Establish Lawful Possession. Trial Court's Examination of Gift Deed Validity and Title Was Not Beyond the Scope of an Injunction Suit Under the Principles in Anathula Sudhakar v. P. Buchi Reddy.

The dispute concerned an agricultural land measuring 3 acres 25 guntas in Sy.No.108 at Mathadahalli village, Nelamangala Taluk. The appellants-plainti...

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Bombay High Court Dismisses Appeal in Property Dispute Case Due to Lack of Evidence and Limitation. Court upholds concurrent findings of courts below that appellants failed to prove title and possession over suit property.

The case involves a property dispute between the appellants (original plaintiffs) and the respondents (original defendants) over a piece of land in Po...

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Bombay High Court Dismisses Petition for Revocation of Probate in Testamentary Matter — No Caveat Filed, No Caveatable Interest Shown. Court holds that a person who has not filed a caveat and has no caveatable interest cannot seek revocation of probate under Section 263 of the Indian Succession Act, 1925.

The case pertains to a petition for revocation of probate filed by Radhika Bhargava and others (petitioners) against Arjun Sahgal and others (responde...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses. Execution of Agreement Not Duly Proved Under Section 68 of the Evidence Act, 1872, as Attesting Witnesses Were Not Examined.

The case involves a suit for specific performance of an agreement to sell dated 01.06.2005 filed by the respondent-plaintiff (Ashish Jain) against the...

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Supreme Court Upholds Arbitrator's Award in Contract Dispute Over Final Bill Claims. Court Held That Arbitrator's Consideration of Vitiating Factors and Contract Clauses Was Permissible Under Arbitration and Conciliation Act, 1996, Despite Prohibition on Further Claims in Clauses 65 and 65A.

The dispute arose from a contract dated 02.07.2001 for repair works, with time extended to 19.01.2002. The respondent contractor submitted a final bil...

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Bombay High Court Upholds Enforcement of Foreign Judgment in Bunker Supply Dispute Despite Defendant's Challenges. Danish Supreme Court Judgment Held Conclusive Under Section 13 CPC as Defendant Failed to Prove Exceptions, Resulting in Decree for Balance Amount.

The dispute arose from a bunker supply transaction involving the vessel PFS NARAYANA. Dan Bunkering Limited, a Danish company, supplied bunkers to the...

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Supreme Court Allows Appeal in Execution Proceedings — Possessory Title Not Required for Restoration Under Order XXI Rules 98-100 CPC. High Court erred in ordering restoration of possession without determining whether respondent had any right to possession under Order XXI Rules 98-100 CPC.

The Supreme Court considered an appeal against the judgment of the Calcutta High Court which had allowed the appeal of the respondent (Lt. Col. Nahar ...

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Bombay High Court Allows Second Appeal in Specific Performance Case — Readiness and Willingness Established. First Appellate Court erred in reversing trial court's decree for specific performance of agreement to sell agricultural land despite plaintiff's readiness and willingness to perform contract.

The dispute pertains to an agreement to sell agricultural land bearing Survey No.33, admeasuring 3H 23R, situated at village Udapur, Taluka Ner, Distr...