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Supreme Court Allows Appeals in Pre-emption Suit, Holding That Right of Pre-emption Is a Weak Right and Must Be Strictly Proved — Plaintiff Failed to Establish Superior Right Under Punjab Pre-emption Act, 1913.

The present appeals arise from a common judgment of the Punjab and Haryana High Court dated 17.08.2007, which allowed two second appeals (RSA No.1470/...

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High Court of Karnataka Hears Two Regular First Appeals Under Section 96 CPC Against Common Judgment in Suits for Declaration, Injunction, Partition, and Dissolution of Partnership — Property Dispute Involving Sites in Mysore and Bangalore

The Regular First Appeals RFA No.37/2003 and RFA No.84/2003 were filed under Section 96 of the Code of Civil Procedure, 1908, challenging the common j...

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Bombay High Court Dismisses Second Appeal in Partition 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 involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court which con...

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Karnataka High Court Considers Second Appeal in Property Dispute: Unregistered Sale Deed and Adverse Possession. The Substantial Questions of Law Include Whether Unregistered Sale Deed Can Be Used Collaterally to Establish Possession for Adverse Possession.

The present regular second appeal was filed by the legal representatives of the original plaintiff, Sudheendra Rao Kasabe, challenging the judgment an...

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High Court of Karnataka Dismisses Revision Petition in Partition Suit — Order Rejecting Application for Judgment on Admissions Upheld. Court held that admissions must be clear and unequivocal for judgment under Order 12 Rule 6 CPC, and disputed questions of fact cannot be decided in such application.

The petitioner, who is the first defendant in a suit for partition and separate possession, filed a revision petition under Section 115 CPC challengin...

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Bombay High Court Full Bench Interprets Prospective vs. Retrospective Operation of Amended Section 6 of Hindu Succession Act in Second Appeals. Court Examines Coparcenary Rights of Daughters Born Before and After 2005 Amendment and Whether Division Bench Decision Is Per Incuriam.

This matter came before a Full Bench of the Bombay High Court upon a reference by a learned Single Judge (R.G. Ketkar, J.) who doubted the correctness...

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High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Set Aside Ex-Parte Decree in Partition Suit. Petitioner Failed to Show Sufficient Cause for Non-Appearance Despite Having Knowledge of Proceedings and Filing Written Statement.

The petitioner, Smt. Sokkamma (since deceased, represented by her LR M. Byrappa), filed a writ petition under Article 227 of the Constitution of India...