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Madras High Court Allows Second Appeal in Partition Suit Due to Failure to Prove Will by Examining Attesting Witness. Concurrent Findings Set Aside as Will Not Proved Under Sections 68 and 69 of Indian Evidence Act, 1872.

The first plaintiff in a partition suit filed O.S. No.121 of 2010 before the Principal Sub Judge, Nagercoil, seeking partition and separate possession...

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High Court of Karnataka Quashes Trial Court Order Allowing Amendment of Plaint After 17 Years for Lack of Due Diligence. Amendment Sought to Introduce New Facts After Commencement of Trial Held Barred Under Order VI Rule 17 CPC.

The petitioners, who are defendants in O.S. No. 8816/2003 pending before the XI Additional City Civil Judge, Bangalore, filed this writ petition under...

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Madras High Court Allows Second Appeal in Property Injunction Suit — Concurrent Findings Set Aside Due to Lack of Evidence of Title and Possession. Family Arrangement and Adverse Possession Claims Fail as Plaintiffs Failed to Prove Possession and Necessary Parties Were Not Impleaded.

The case involves a Second Appeal filed by the defendant Selvaraj against the concurrent judgments of the Trial Court and First Appellate Court which ...

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Bombay High Court Dismisses Appeal Against Refusal of Interim Injunction in Development Agreement Dispute. Court holds that plaintiff failed to establish prima facie case and balance of convenience for injunction restraining defendant from dealing with property.

The appellant, M/s Gandhi Builders & Developers, filed a suit for specific performance of a development agreement dated 26-11-2007 with the predecesso...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The appellants, who were the plaintiffs in the original suit, filed a suit for declaration of title and permanent injunction in respect of suit proper...