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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Suit for declaration and injunction dismissed as plaintiff failed to prove title and possession over suit property.

The appellants, legal representatives of the original plaintiff Abdulsab Nannesab Totad @ Jekinkatti, filed a second appeal under Section 100 of the C...

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Bombay High Court Dismisses Purchaser's Challenge to SARFAESI Action; Sale During Injunction Void. Sale of Mortgaged Property During Pendency of Injunction Order Held Void; Purchaser Has No Right to Question Prior Equitable Mortgage Under Section 58(f) of Transfer of Property Act.

The writ petition challenged the orders of the Debts Recovery Appellate Tribunal (DRAT) and the Debts Recovery Tribunal (DRT) dismissing the petitione...

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Bombay High Court Hears Petition Challenging Order of Competent Authority Cancelling Sale Deed Under Urban Land (Ceiling and Regulation) Act, 1976. Issues Include Effect of Exemption Under Section 20(1)(a) on Transfer Restrictions and Abatement of Appeal Due to Repeal Act, 1999.

The writ petition under Article 226 of the Constitution challenged the order dated 24-07-2008 passed by the Additional Commissioner (Appellate Authori...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Upholds Trial Court Decree for Execution of Sale Deed. Agreement of Sale Dated 02.08.2007 Proved by Plaintiff; Defendants Failed to Discharge Burden of Proof Under Section 16(c) of Specific Relief Act, 1963.

The appellants (defendants) challenged the judgment and decree dated 20.10.2012 passed by the Senior Civil Judge, Channarayapatna, in O.S. No. 4/2008,...

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Supreme Court Dismisses Appeal Against Impounding of Agreements to Sell Under Maharashtra Stamp Act — Agreements Not Part of Single Transaction, Possession Transferred, Deemed Conveyance Under Explanation I to Article 25 of Schedule I.

The appellants, Shyamsundar Radheshyam Agrawal and another, filed a suit for declaration and injunction in Special Civil Suit No.200 of 2008. During t...

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High Court of Karnataka Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings on Possession and Title. Court holds that plaintiff failed to prove title and possession over suit property, and that the suit was barred by limitation under Article 65 of the Limitation Act, 1963.

The appellant, Sri B.S. Lakshman, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decre...

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High Court of Karnataka Allows Judgment-Debtor's Petition Seeking Rescission of Contract Under Section 28 of Specific Relief Act — Decree-Holder's Failure to Deposit Balance Consideration Within Stipulated Time Gives Right to Rescission, Subsequent Deposit Does Not Extinguish That Right.

The petitioner, T.L. Rajagopal, was the defendant/judgment-debtor in a suit for specific performance of an agreement of sale dated 16.08.1997 filed by...

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ARBITRATION PETITION NO. 4 OF 1986

The petition filed under sections 30 and 33 of the Arbitration Act, 1940, sought to challenge an interim award and certain directions issued by the so...

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Bombay High Court Dismisses Developer's Petition Challenging City Civil Court Jurisdiction in Tenant Eviction Suit. Agreement for Sale and Power of Attorney Do Not Create Landlord-Tenant Relationship Under Bombay Rent Act, 1947, Section 28.

The present writ petition challenged an order dated 9.8.2005 passed by the City Civil Court, Bombay, on a preliminary issue of jurisdiction in L.C. Su...