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Karnataka High Court Upholds Executing Court’s Dismissal of Obstruction Applications Filed Under Order 21 Rule 97 and 99 CPC. Decree for Eviction Executed; Objectors Failed to Prove Possession at Time of Delivery.

The revision petitions arose from the execution of eviction decrees passed by the Small Causes Court in three eviction petitions filed by the decree h...

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Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance Under MOFA in Favor of Housing Societies. The Court held that the Competent Authority has jurisdiction to grant deemed conveyance under Section 11 of MOFA even if the developer retains development rights over part of the land.

The Petitioner-Developer, Kiran Builders Pvt. Ltd., challenged an order dated 15 May 2017 passed by the District Deputy Registrar, Co-operative Societ...

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High Court of Karnataka Dismisses Appeal in Suit for Permanent Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that findings of fact recorded by courts below based on evidence cannot be disturbed in appeal under Section 96 CPC unless perverse or contrary to material on record.

The case involves a Regular First Appeal filed by the defendants (appellants) against the judgment and decree dated 30.09.2010 passed by the Senior Ci...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. No Substantial Question of Law Arises Under Section 100 CPC as Courts Below Correctly Appreciated Evidence and Held Plaintiffs Failed to Prove Joint Family Property.

The appellants, who were the plaintiffs in a partition suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, against the...

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High Court of Gujarat Hears Appeal Against Dismissal of Suit for Injunction Under Section 96 CPC; Appeal Filed by Purchaser Under Agreement to Sell. Trial Court Had Dismissed Suit for Lack of Title and Non-Joinder of Parties Despite Long Possession Claim.

The dispute concerned a suit property being Final Plot No.129 of Town Planning Scheme No.22, Paldi, Ahmedabad, admeasuring 1204 square yards after exc...