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Bombay High Court Dismisses Second Appeal in Property Suit, Upholding Concurrent Findings on Title and Possession. Adverse Possession Claim Fails as Appellant Failed to Prove Hostile Possession for Statutory Period Under Limitation Act, 1963.

The case involves a second appeal filed by the original defendant (appellant) against the concurrent judgments of the trial court and first appellate ...

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Bombay High Court Dismisses Appeal in Family Property Dispute — Upholds Injunction Against Father from Alienating Joint Family Property. Minor Children's Suit for Partition Through Next Friend Held Maintainable Under Order 32 Rule 1 CPC.

The case involves a family dispute over property. The appellant, Ajay Kumar Garg, is the father and the respondents are his minor children (Avyaay Ani...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement to Sell Not Proved and Suit Barred by Limitation. Plaintiff failed to prove execution of agreement and suit was filed beyond three years from notice of refusal under Article 54 of Limitation Act, 1963.

The appellant, Sandeep Kashinath Parab, filed a suit for specific performance of an agreement to sell dated 15/06/1998 allegedly executed by the respo...

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High Court of Karnataka Dismisses Appeal for Non-Prosecution in Partition Suit — Appellant Absent Despite Adjournments. Failure to Appear Leads to Dismissal Under Order XLI Rule 17 CPC.

The appellant, Domegunta Venkatasesha Reddy, filed a Regular First Appeal under the Partition Act before the High Court of Karnataka at Bengaluru agai...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit. Order IX Rule 9 CPC Bar Not Applicable When Earlier Suit Dismissed for Default Without Adjudication on Merits.

The case involves a Civil Revision Application filed by the original defendant, Chandrakant Bhaurao Waghmare, challenging an order dated 29.04.2019 pa...

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Bombay High Court Dismisses Second Appeals in Property Partition Suit, Upholding Concurrent Findings of Courts Below. Family Property Partition Decree Confirmed as No Substantial Question of Law Arises Under Section 100 CPC.

The judgment pertains to two second appeals arising from a partition suit concerning family property. The appellant in Second Appeal No.164 of 2002, B...

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High Court of Karnataka, Dharwad Bench Adjudicates Regular First Appeal and Cross Objection Against Trial Court's Partial Decree in Suit for Declaration and Injunction. Court Addresses Maintainability, Adoption Validity, and Ancestral Property Claims.

The Regular First Appeal and Cross Objection arose from a judgment and decree of the Principal Senior Civil Judge, Bagalkot, in O.S. No.57/2010, a sui...

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Bombay High Court Dismisses Second Appeal Under Section 100 CPC, Upholding Concurrent Findings on Will and Possession. No Substantial Question of Law Arises as Findings of Fact Are Not Perverse.

The appellant, original defendant Jayawant (since deceased, represented by legal heirs), filed a second appeal under Section 100 of the Code of Civil ...