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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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Bombay High Court Dismisses Appeal Against Rejection of Status Quo in Property Dispute. Trial court's refusal to continue interim protection upheld as plaintiff trust failed to establish prima facie case for injunction.

The appellants, Shree Vardhaman Sthanakvasi Jain Shravak Sangh – Dadar, a trust, filed a suit against the Municipal Corporation of Greater Mumbai, i...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Joint Family Property Suit — Plaint Discloses Cause of Action for Partition and Separate Possession.

The applicant, Laxminarayan Parmeshwarlal Jaiswal, original defendant No.1, filed a Civil Revision Application under Section 115 CPC challenging the o...

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Bombay High Court Dismisses Petition Challenging Tahsildar's Partition Action Under Section 54 CPC — Execution of Decree Not Dependent on Final Decree for Collector's Precept. The court held that the Collector can effect partition without a final decree, and the petitioners had opportunity to be heard.

The case involves a decree-holder (sister) who obtained a preliminary decree for partition of her parents' property in 2006, which was confirmed in ap...

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Bombay High Court Dismisses Appeals in Property Partition Suit — Upholds Trial Court's Refusal to Reject Plaint Under Order VII Rule 11 CPC. Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

The case involves three appeals filed by the defendants (Smt. Malti Kapadia, Hemant Kapadia, and Vijaysingh Kapadia) against an order of the City Civi...