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Bombay High Court at Goa Allows Second Appeal in Consent Decree Challenge — Separate Suit to Set Aside Consent Decree on Ground of Illegality Not Maintainable. Order XXIII Rule 3A CPC Bars Such Suit; Appellate Court's Judgment Set Aside as Perverse.

The dispute originated from a suit for eviction (R.C.S. No.62/78) between the parties, who are relatives, concerning a structure/taverna in Survey No....

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With. Suit for Partition and Separate Possession Dismissed as Plaintiff Failed to Prove Joint Family Property and Possession Within Limitation.

The appellant, Sri N. Umesha, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the concurrent judgments of t...

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Karnataka High Court Allows Partition Appeal in Co-owner Dispute — Rejects Adverse Possession Claim. Court holds that a co-owner cannot claim adverse possession against another co-owner without ouster, and a suit for partition is not barred by limitation under Article 65 of the Limitation Act, 1963.

The case involves a family dispute over property originally owned by M.A. Mohammed Ayoob. The appellant, Mohammed Hussain, filed a suit for partition ...

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Bombay High Court Dismisses Writ Petition Challenging Land Acquisition for Public Purpose — Compensation Award Not Challenged on Merits. Petitioners' Challenge to Acquisition Under Land Acquisition Act, 1894 Fails as They Did Not Seek Reference for Higher Compensation and Acquiesced to Proceedings.

The petitioners, legal heirs of the original owner Anwar Hajee Alimohammed Hajee Cassum Agboatwala and other co-owners, filed a writ petition under Ar...

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Gujarat High Court Dismisses Recall Application in Property Suit — Inherent Power Under Section 151 CPC Cannot Be Used to Rehear Appeal on Merits. Recall of order dated 18.07.2025 refused as applicant failed to establish fraud, mistake of court, or lack of jurisdiction.

The present application was filed by Jashwantlal Tulsidas (original plaintiff in Special Civil Suit No.135/2024) under Section 151 of the Code of Civi...

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High Court of Karnataka Allows Regular Second Appeal in Adoption Dispute — Reverses Appellate Court's Finding of Adoption. Court holds that plaintiff failed to prove valid adoption under Hindu Adoption and Maintenance Act, 1956, as essential ceremonies of giving and taking were not established.

The present regular second appeal was filed by the legal representatives of the defendant, assailing the judgment and decree of the appellate court wh...