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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 Allows Appeals in Property Dispute Over Injunction Orders — Held That First Appellate Court Erred in Granting Injunction Without Considering Balance of Convenience and Prima Facie Case Under Order 39 Rules 1 and 2 CPC.

The case involves two appeals filed by the appellants against the judgment and order of the First Appellate Court in Regular Civil Appeal Nos. 615/201...

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Bombay High Court Holds Appeals Against Special Court Orders Outside Bench's Territorial Limits Lie Only to Principal Seat. Territorial Jurisdiction Determined by Location of Court, Not Place of Offence Under Chapter XXXI of Bombay High Court Appellate Side Rules, 1960.

The case involved a reference to a Larger Bench of the Bombay High Court at Aurangabad to determine the territorial jurisdiction for appeals against o...

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Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court's Decree for Mandatory Injunction. Court holds that the First Appellate Court's finding on possession was perverse and that the suit for mandatory injunction was not barred by laches.

The case involves a second appeal filed by the legal heirs of the original plaintiff, Shri Gurudas Yeshwant Pednekar, against the judgment of the Firs...

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High Court Reconsiders Validity of Appellate Side Rule on Marathi Translations After Earlier Division Bench Held It Unconstitutional. Larger Bench Examines Whether Litigants Were Heard Before Rule Declared Null and Void Under Article 348.

The matter arose from a writ petition filed by a practicing advocate who was prevented by the High Court Registry from filing a petition without first...

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Supreme Court Dismisses Defendant's Appeal Against Amendment of Plaint in Specific Performance Suit. High Court's Liberal Approach to Allowing Amendment for Enhancing Damages After 31 Years Upheld, with Issue of Limitation Kept Open for Trial Under Code of Civil Procedure, 1908.

The Supreme Court of India adjudicated a civil appeal arising from a special leave petition, where the appellant, Life Insurance Corporation of India,...

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High Court of Bombay Allows Appeal in Civil Suit Remand Case — Remand Order Set Aside as Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23A CPC. The appellate court cannot remand a suit for retrial when the trial court has already decided it on merits without any procedural irregularity.

The appeal arises from a judgment and order dated 22 March 2022 passed by the District Judge, Raigad, setting aside the judgment and decree dated 22 A...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement to Sell Not Proved as Genuine Due to Lack of Evidence of Execution.

The appellants, original plaintiffs, filed a suit for specific performance of an agreement to sell dated 15th June 1981, allegedly executed by the res...