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Bombay High Court Allows Second Appeal in Property Dispute Due to Invalid Substituted Service. Court holds that permission for substituted service under Order 5 Rule 20 CPC requires satisfaction that defendant is avoiding service, and mere non-service is insufficient.

The case involves a second appeal filed by the original plaintiff, Ramesh Jagannath Ingole, against the judgment of the first appellate court which al...

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Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Not Interfered With. Licensee Defendants Failed to Prove Independent Title; Suit for Possession Based on Title Maintainable Without Prior Revocation of License.

The present second appeal was filed by the original defendants against the judgment and decree dated 16.04.2022 passed by the District Judge-1, Nagpur...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses First Appellate Court's Dismissal on Limitation and Order II Rule 2 CPC. Time was not of essence of contract and suit was not barred by limitation or res judicata.

The appellants, original plaintiffs, filed Special Civil Suit No. 51 of 1989 for specific performance of an agreement to sell immovable property again...

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Gujarat High Court Allows Appeal in Family Property Dispute — Land Sold Without Consent of Co-Owners. Transfer of Property Act, 1882, Section 44 — Co-owner cannot transfer undivided share to stranger without consent of other co-owners.

The present appeal arises from a judgment and decree dated 27.12.2019 passed by the learned Principal Senior Civil Judge, Umbergaon, in Special Civil ...

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High Court of Gujarat Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Trial and Appellate Courts. Agreement to Sell Does Not Confer Ownership; Plaintiff Failed to Prove Payment of Consideration and Possession.

The appellant, original plaintiff, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree d...