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Supreme Court Allows Appeal in Property Injunction Suit — High Court Erred in Reappreciating Facts Under Section 100 CPC. Suit for Injunction Without Declaration Is Maintainable When Plaintiff's Title Is Not Seriously Disputed and Boundaries in Sale Deed Support Possession.

The appellant, plaintiff in O.S. No. 379 of 1998, filed a suit for perpetual and mandatory injunction against the respondents/defendants, claiming own...

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Bombay High Court Dismisses Developer's Appeal Against Refusal of Interim Relief in Redevelopment Dispute. Section 37(2)(b) Appeal Fails as No Prima Facie Case for Injunction Established Due to Unclear Terms and Unregistered Supplemental Agreement.

The Petitioner, Heritage Lifestyles & Developers Pvt. Ltd., a developer, filed an appeal under Section 37(2)(b) of the Arbitration and Conciliation Ac...

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High Court of Karnataka Dismisses Appeals in Property Dispute, Upholds Trial Court's Dismissal of Suit for Declaration and Recovery of Possession. The court held that the plaintiff failed to prove title and possession over the suit property, and the suit was barred by limitation.

The case involves two Regular First Appeals filed against the judgment and decree dated 07.11.2014 in O.S.No.72/2011 passed by the I Additional Senior...

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High Court of Karnataka Dismisses Appeals in Partition Suit, Upholds Daughters' Right to Equal Share in Joint Family Property. The court held that daughters are coparceners under Section 6 of Hindu Succession Act, 1956, and the suit for partition is not barred by limitation.

The case involves two Regular First Appeals filed against the judgment and decree dated 22.04.2016 in O.S.No.173/2011 passed by the Principal Senior C...

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Bombay High Court Dismisses Tenant's Petition Against Bank's Possession in SARFAESI Proceedings — Tenancy Dispute Must Be Adjudicated by DRT, Not Magistrate Under Section 14 of SARFAESI Act.

The petitioner, Amit Mohan Bhatia, claiming to be a tenant of a property secured by Maratha Sahkari Bank Ltd., filed an intervention application befor...

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Bombay High Court Allows Appeal Against Rejection of Plaint in Partition Suit — Dispute Over Will and Joint Family Property. Court holds that a suit for partition is maintainable even if the plaintiff claims through a Will, and the Civil Court has jurisdiction to decide the validity of the Will.

The case involves an appeal against an order rejecting a plaint in a partition suit. The appellants, who were original defendants, challenged the tria...