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Bombay High Court Allows Second Appeal Due to Inadequate Points for Determination by First Appellate Court Under Order 41 Rule 31 CPC. First Appellate Court Must Frame Proper Points and Decide All Issues as Final Court of Facts.

The appellant, Wadhumal son of late Sakhawatrai Khodecha, filed a second appeal before the Bombay High Court, Nagpur Bench, against the judgment and d...

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Supreme Court Allows Appeal in Possession Suit Based on Registered Sale Deed — Title Not Extinguished by Subsequent Mutation or Revenue Entries. Registered sale deed confers absolute title and possession; subsequent revenue entries or mutation do not affect title unless set aside by competent court.

The appeal arises from a suit for possession filed by the plaintiff-appellant (since deceased, represented by legal representatives) against the defen...

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Bombay High Court Allows Appeal in Property Suit, Sets Aside Order Rejecting Plaint for Non-Prosecution. Court holds that dismissal of suit for default under Order IX Rule 8 CPC is not permissible when the plaintiff's counsel is absent but the defendant is present and ready to proceed.

The appellant, Prabhudayal Pande, filed a First Appeal against an order dated 14.8.2014 passed by the 8th Joint Civil Judge (Sr.Dn.), Nagpur, in Speci...

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Gujarat High Court Examines Whether Appeal is Barred by Res Judicata and Abatement in Suit for Specific Performance; Court Notes that Plaintiffs Did Not Appeal Decree in Companion Suit and Failed to Bring All Legal Heirs On Record.

The appeal arises from the judgment and decree dated 18.03.2000 passed by the trial court in Special Civil Suit No. 176 of 1991 and Regular Civil Suit...

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High Court of Karnataka Dismisses Trust's Challenge to Land Acquisition for Market Yard Due to Delay and Laches. Challenge to Preliminary Notification Under Section 4(1) of Land Acquisition Act, 1894 Filed After Over a Year Held Not Maintainable.

The Jamnalal Bajaj Seva Trust filed two writ petitions challenging the acquisition of its land by the State of Karnataka for the benefit of the Agricu...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Plaintiff's Title Based on Registered Deed. Registered document prevails over unregistered agreement; possession ordered to be handed over to the plaintiff.

The case involves a dispute over a flat in Pune. The plaintiff, Nanda Madhukar Yene, claimed she purchased the suit flat and obtained a registered Dee...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Plaintiff Fails to Prove Title and Possession. Co-owner Cannot Claim Adverse Possession Against Another Co-owner Without Ouster Under Section 100 CPC.

The appellant, Suresh Chatra, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree da...

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Bombay High Court Allows Appeal Against Remand Order in Partition Suit — Trial Court Must Decide on Merits Without Remand. Failure to Frame Issues on Limitation and Relinquishment Does Not Justify Remand When Parties Have Already Led Evidence.

The present appeal arises from a judgment and order of remand passed by the learned Ad hoc District Judge-1, Jalgaon, in Regular Civil Appeal No.877 o...