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Karnataka High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree for Declaration and Injunction. First Appellate Court's Reversal Set Aside for Ignoring Documentary Evidence and Failing to Frame Proper Points for Determination Under Order 41 Rule 31 CPC.

The appellant, Kum. Harshada S., filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree da...

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Gujarat High Court Allows Second Appeals in Rent Fixation Cases, Remands for Fresh Consideration. Court Holds That Appellate Court Erred in Dismissing Appeals Without Merits Under Section 11(3) of Bombay Rent Act.

The present batch of Second Appeals under Section 100 of the Code of Civil Procedure, 1908, arises from a common judgment and order passed by the lear...

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High Court of Gujarat Dismisses Revision Against Rejection of Plaint Under Order 7 Rule 11 CPC in Land Dispute. Court holds that disputed questions of fact regarding ownership and encroachment cannot be decided in summary rejection under Order 7 Rule 11 CPC.

The present Civil Revision Application was filed by the applicants, who were original opponent Nos. 2 and 3, against the judgment and order dated 12.0...

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Supreme Court Allows Appeal in Property Suit Based on Adverse Possession — High Court's Reversal in Second Appeal Without Substantial Question of Law Set Aside. Concurrent Findings of Possession and Ouster by Trial Court and First Appellate Court Restored.

The dispute pertains to a property measuring 1 acre and 18¼ guntas in Sy. No.1/4 originally owned by Thimmadasappa. He executed a registered sale dee...

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Bombay High Court Decides Legal Question on Production of Documents for Cross-Examination of Party Under CPC. The Court Interprets Order XIII Rule 1(3)(a) and Whether a Party is a 'Witness' for Purposes of Confronting with Documents Not Filed Earlier.

This writ petition under Article 227 of the Constitution of India challenged an order dated 28 September 2016 passed by the Civil Judge, Junior Divisi...

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Bombay High Court Allows Appeal in Specific Performance Suit, Sets Aside Decree for Possession Due to Non-Compliance with Order 2 Rule 2 CPC. Plaintiffs Failed to Disclose Earlier Agreement for Sale, Barring Subsequent Suit for Specific Performance.

The appellants, original defendants, challenged the judgment and decree dated 14th October 2008 passed by the learned Civil Judge, Senior Division, Ka...

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High Court of Karnataka Allows Second Appeal in Partition Suit — Reopening of Partition Permitted Due to Non-Inclusion of Joint Family Property. The Court held that a prior partition decree not binding on the plaintiff as she was not a party and the property was joint family property.

The appellant, Monakka Shinde, filed a suit (O.S. 370/2004) for reopening of partition, declaration, and injunction against her sons, Maruti Shinde an...