Search Results for "Regular Civil Suit"

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Bombay High Court Hears Appeals Against Remand Orders in Civil Suits Involving Ownership and Partition. First Appellate Court's Directions to Allow Amendment of Written Statement and Fresh Evidence Challenged Under Order XLI Rules 23, 23-A, 25 and Order VI Rule 17 CPC.

The present judgment before the High Court of Judicature at Bombay, Bench at Aurangabad, dealt with four appeals from orders arising out of two civil ...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court which con...

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High Court of Karnataka Dismisses Appeals in Partition Suit — Confirms Trial Court's Decree for Partition and Separate Possession. Daughters Granted Equal Share in Joint Family Property Under Hindu Succession Act, 1956.

The case involves a partition suit filed by the plaintiffs, who are the sons and daughters of Mahalingappa Wali, seeking a share in the joint family p...

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High Court of Karnataka Allows Appeal in Property Injunction Suit — Plaintiff Fails to Prove Possession. Suit for Permanent Injunction Dismissed as Plaintiff's Possession Not Established and Title Not Proven, Relief of Declaration Not Sought.

The appellant, Smt. Sabiha Banu R, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and de...

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High Court of Karnataka Hears Second Appeal in Suit for Declaration and Injunction Involving Allegation of Fraudulent Sale by Forged Power of Attorney. The Appeal Challenges Reversal of Trial Court's Decree by First Appellate Court.

Background: This matter arises from a Regular Second Appeal filed by the plaintiff under Section 100 of the Code of Civil Procedure, 1908, challenging...

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Bombay High Court Allows Second Appeal in Trust Property Encroachment Case — Defendant Acquitted of Adverse Possession Claim. Suit for Possession by Trust Held Not Barred by Limitation as Encroachment is Continuing Wrong Under Section 23 of Limitation Act, 1963.

The case involves a second appeal filed by Namdeo Khedkar (appellant/defendant) against the judgment of the Joint District Judge, Chandrapur, which re...

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High Court of Judicature at Bombay Considers Civil Revision Application on Jurisdiction under Maharashtra Scheduled Commodities Order 1975. Petitioner Contended that Statutory Remedy under Essential Commodities Act Impliedly Bars Civil Suit.

The civil revision application arose from a suit filed by the original plaintiff (respondent no.1) seeking perpetual injunction and declaration that c...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Plaintiff's 1/9th Share Upheld. Son from First Wife Entitled to Share in Father's Intestate Property Despite Prior Partition Between Father and Sons from Second Wife.

The case involves a second appeal filed by the original defendants (appellants) challenging the judgment and decree of the subordinate courts which gr...

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High Court of Karnataka Allows Appeal in Rent Recovery Suit — Defendant Not Liable for Rent After Vacating Premises. Tenant's Liability for Rent Ceases Upon Vacating and Handing Over Possession, Even Without Formal Termination Notice Under Section 106 of Transfer of Property Act, 1882.

The case involves a Regular First Appeal filed by the defendant, M. Bhaskar, against the judgment and decree dated 27.06.2015 passed by the VII Additi...

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Bombay High Court Allows Contempt Appeal, Sets Aside Conviction for Willful Disobedience of Court Order in Land Dispute. Appellants Held Not Guilty of Contempt as Order Was Ambiguous and Compliance Was Not Willfully Disobeyed.

The case arises from a contempt appeal under Section 19 of the Contempt of Courts Act, 1971, filed by Tejram, Laxman, and Ramu Hazare (appellants) aga...