Search Results for "transfer without partition"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "transfer without partition"

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High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Upholds Concurrent Findings of Courts Below. The court held that the appellant-defendant failed to prove exclusive title by adverse possession or ouster, and the suit for partition was not barred by limitation under Article 65 of the Limitation Act, 1963.

8 Jun 2026

The case involves a second appeal filed by the original defendant no. 2 (since deceased, represented by his legal heirs) against the judgment and decr...

High Court

High Court of Bombay at Nagpur Dismisses Bank's Revision Against Order Rejecting Application Under Order 7 Rule 11 CPC in Recovery Suits — Held That Plaint Discloses Cause of Action and Is Not Barred by Law. The court upheld the trial court's finding that the suits based on invocation of bank guarantees were within limitation and disclosed a cause of action.

5 Jun 2023

The present judgment arises from two Civil Revision Applications filed by the Regional Manager and Assistant General Manager of Union Bank of India (o...

High Court

High Court of Karnataka Allows Second Appeal in Property Dispute — Sets Aside Concurrent Findings on Declaration and Possession. Court holds that the First Appellate Court failed to frame proper points for determination under Order 41 Rule 31 CPC, rendering its judgment unsustainable.

17 Mar 2023

The appellant, Sri Gundappa, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree da...

High Court

Bombay High Court Allows Intervention in Property Suit Appeal — Third Party Claimants Have Right to Be Heard Before Final Determination of Rights. Applicants who are not parties to the suit but claim independent title to the suit property are entitled to intervene in the appeal to protect their interests under Order 1 Rule 10 CPC.

16 Feb 2023

The present interim application was filed by two applicants, Arun Sampatrao Patil and Dilip Laxman Kuradkar, seeking to intervene in First Appeal No. ...

High Court

High Court of Judicature at Bombay Dismisses Tenant's Revision Against Eviction Decree for Subletting Without Landlord's Consent. Subletting Without Landlord's Written Consent Under Section 15 of Maharashtra Rent Control Act, 1999 Constitutes Valid Ground for Eviction, and Concurrent Findings of Fact Cannot Be Re-Appreciated in Revision Under Section 115 CPC.

6 Oct 2022

The present Civil Revision Application was filed by the applicant, Ashokkumar Dhanrajji Kothari, who was the original defendant-tenant, challenging th...

High Court

Bombay High Court Partially Dismisses Petition Challenging Rejection of Amendment in Partition Suit — Amendment Sought After Commencement of Trial Disallowed as It Would Change Nature of Suit Under Order VI Rule 17 CPC

17 Dec 2021

The petitioner, Raju Danchand Bardia, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 13th October 202...

High Court

Bombay High Court Allows Second Appeal in Minor's Property Sale Case — Mother's Sale Without Court Permission Void. Sale of Minor's Share by Mother as De Facto Guardian Without Prior Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956 Held Void Ab Initio.

21 Jan 2019

The appellant, Rameshwar Paul, originally a minor, filed a suit through his father as next friend seeking declaration that a sale deed executed by his...

High Court

Bombay High Court Dismisses Petition Challenging MRT Order in Tenancy Dispute — Deemed Tenant Claim Rejected Due to Lack of Evidence of Cultivation. The court held that the petitioners failed to establish that their predecessor was a tenant under the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, and the concurrent findings of the authorities below were not perverse.

2 Nov 2018

The petitioners, claiming to be legal heirs of Ramchandra Ganpat Bhure, filed an application before the Tahsildar under sections 43, 46, and 49 of the...

High Court

Bombay High Court Allows Appeal Against Dismissal of Temporary Injunction in Specific Performance Suit — Prima Facie Case and Balance of Convenience Found in Favour of Plaintiff-Builder Under Memorandum of Understanding. The court held that the Memorandum of Understanding dated 21.5.2011 constituted a binding agreement for sale and the plaintiff had made out a prima facie case for grant of injunction under Order 39 Rules 1 and 2 CPC.

5 May 2017

The appellant, M/s. Merces Builders Private Limited, filed an appeal against an order dated 16.4.2016 passed by the learned Senior Civil Judge, Panaji...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Holds That Bar Under Section 47 CPC Does Not Apply to Persons Not Bound by Previous Decree. The Court ruled that the lower appellate court erred in applying the bar of Section 47 read with Order XXI Rule 101 CPC to a suit filed by persons who were not parties to the earlier decree.

11 Mar 2016

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellant (original defendant) against the judg...

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