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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

The Regular Second Appeal was filed by the legal representatives of the original plaintiff, Alisab, against the judgment and decree dated 03.01.2006 p...

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Bombay High Court Adjudicates Civil Revision Application Challenging Rejection of Plaint Rejection Application in Trust Dispute Under Maharashtra Trust Act. Application Under Order VII Rule 11(d) of CPC Alleges Bar of Suit by Sections 22, 50, 51, 70 of Maharashtra Trust Act, 1950.

The dispute centered on the expulsion of two trustees from a trust registered under the Maharashtra Trust Act, 1950. The applicants, comprising ten in...

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Bombay High Court Allows Decree Holder's Execution and Modifies Stay Condition in Cooperative Dispute. The Court held that the District Court lacked jurisdiction to stay execution of a Cooperative Court award and modified the condition for deposit of occupation charges.

The judgment involves two writ petitions arising from the same order of the District Court. The decree holder, Mangala Keshav Gavhale, had obtained an...

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Bombay High Court Dismisses Appeal by Obstructionists in Execution of Possession Decree — Upholds Order for Removal of Obstruction Under Order XXI Rule 97 CPC. Decree for possession passed in 1964 suit; obstructionists claiming independent title failed to prove possession prior to decree.

The appeal arose from an order in Chamber Summons No. 597 of 1996 in B.C.C.C. Suit No. 2056 of 1964, decided by the City Civil Court on 24.4.1998. The...

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High Court of Karnataka Sets Aside Trial Court Order in Final Decree Proceedings for Lack of Jurisdiction — Order on I.A.Nos.15, 16 and 17 in FDP No.2/2008 Quashed for Exceeding Scope of Preliminary Decree and Violating Principles of Natural Justice.

The present writ petition was filed by the petitioners (defendants in the original suit) challenging the order dated 10.06.2022 passed by the learned ...

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Bombay High Court Dismisses Second Appeal in Property Dispute Between Brothers — Upholds Concurrent Findings of Ownership and Possession. Sale Deed in Plaintiff's Name Conclusive Evidence of Title Under Transfer of Property Act, 1882.

The dispute in this case revolves around a property, Gat No.729, situated at village Khamgaon, Taluka Phaltan, District Satara, measuring 2 hectares a...

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High Court of Bombay at Goa Exercises Suo Motu Jurisdiction and Hears Public Interest Litigation Challenging Alienation of Communidade Land to Builders. Alleged Fraud and Violation of Goa Agricultural Tenancy Act, 1964 and Goa Land Use (Regulation) Act, 1991 in Consent Decree and Sale Deeds.

The High Court of Bombay at Goa heard two connected writ petitions – a public interest petition (WP 294/2008) by Pilerne Citizens Forum and a suo mo...

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High Court of Bombay Dismisses Second Appeal and Upholds First Appellate Court’s Decree for Specific Performance in Property Sale Agreement. Failure to Appoint Guardian-ad-Litem for Minor Defendant and Non-Challenge to Subsequent Sale Deeds Are Key Issues Under Section 100 CPC.

The Second Appeal arose from a suit for specific performance of an agreement to sell immovable property. The plaintiff (respondent no.1) claimed that ...

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Supreme Court Allows Appeal in Property Dispute Over Family Settlement Memorandum Registration. Court holds that memorandum recording pre-existing family arrangement does not require registration under Indian Registration Act, 1908, and parties acting upon it are estopped from resiling.

The appeal arose from a judgment of the High Court of Punjab and Haryana at Chandigarh in a second appeal, which reversed the first appellate court's ...