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High Court of Karnataka Dismisses Appeal in Declaration and Injunction Suit, Allows Partition Appeal — Family Property Dispute Over Joint Family Property and Adverse Possession

The case involves two appeals arising from suits between family members over agricultural land in Doddakannahalli. The appellant, K N Sananda Ganesh, ...

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High Court of Bombay at Goa Allows Appeal Against Remand Order in Property Suit — Trial Court's Dismissal of Suit Upheld as Proper. The appellate court erred in remanding the suit for fresh decision without setting aside the trial court's findings on limitation and adverse possession.

The appellant, original defendant No. 1, filed an appeal against the order of remand dated 16.7.2013 passed by the District Judge-I, North Goa, at Pan...

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Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

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Bombay High Court Dismisses Application for Appointment of Receiver in Family Property Dispute. Plaintiff Fails to Establish Prima Facie Case for Receiver When Property is in Possession of Defendants and Alternative Remedy of Partition is Available.

The plaintiff, Jayanand Jayant Salgaonkar, filed a suit for partition and accounts against his family members, including his mother, brothers, sisters...

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High Court of Karnataka Allows Second Appeal in Property Dispute — Sale Deed Valid Despite Non-Examination of Attesting Witness. Execution of sale deed can be proved by other evidence under Section 68 of Indian Evidence Act, 1872 when attesting witness is dead.

The appellant-plaintiff, Sri Thammaiah, filed a suit for declaration of title and permanent injunction (later amended to possession) in respect of sui...

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Madras High Court Dismisses Appeal in Title Suit — Plaintiff Fails to Prove Title and Possession Over Suit Property. Declaration of Title Denied as Sale Deed Did Not Contain Approved Layout Plan and Plaintiff Failed to Establish Continuous Possession.

The appellant, T.S. Krishnamoorthy, filed an appeal against the dismissal of his suit O.S. No. 13520 of 2010 by the VII Additional Judge, City Civil C...