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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises under Section 100 CPC where courts below concurrently found that plaintiffs failed to prove title and possession.

The appellants, legal representatives of the original plaintiffs, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, agains...

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APPEAL FROM ORDER NO. 835 OF 2022

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High Court of Bombay at Goa Dismisses Second Appeal in Property Suit — Appellants Not Defendants in Original Suit. The court held that the appellants, who were not parties to the original suit, cannot challenge the decree as they were not defendants and the suit was not collusive.

The case involves a second appeal filed by the appellants, who claimed to be the defendants in Regular Civil Suit No.54/2001. However, upon examinatio...

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Bombay High Court Admitted Second Appeal on Questions of Law Concerning Insolvency Act and Auction Sale Confirmation. The Court Framed Eight Substantial Questions Involving Interpretation of Provincial Insolvency Act, 1920, Order 21 Rule 92 CPC, and Res Judicata in Tenancy Proceedings.

The matter concerned a long-standing insolvency dispute dating back to 1959. Roopsingh Chainsingh Ture filed Insolvency Application No.12 of 1959 befo...

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Bombay High Court Allows Wife's Appeal Against Conversion of Divorce Petition to Mutual Consent Divorce Without Proper Consent. Family Court's Order Set Aside for Non-Compliance with Section 13B of Hindu Marriage Act, 1955.

The appellant-wife, Mrs. Bharti Bhausaheb Aher, filed an appeal against the judgment and order dated 20.6.2015 passed by the Principal Judge, Family C...

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High Court of Karnataka Dismisses Appeal in Partition Suit, Upholding Trial Court's Dismissal Due to Prior Partition and Wills. Properties Already Dealt With Under Prior Partition Deed (Ex.D-3) and Testamentary Succession (Ex.D-4, D-7) Leaving No Joint Family Property for Partition.

The litigation arose out of a suit for partition filed by the appellant, Smt. Jaywanthi K. Kapadia, who is one of the legal heirs of late A. Venilal. ...

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Karnataka High Court Allows Appeal Against Rejection of Plaint in Partition Suit — Limitation and Res Judicata Cannot Be Decided Under Order 7 Rule 11 CPC Without Trial

The appellants, who were the plaintiffs in the original suit, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC)...