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High Court of Karnataka Dismisses Second Appeal in Property Partition Suit — Confirms Half Share to Plaintiff. Sale Deed Executed by Father Without Legal Necessity Held Not Binding on Daughter as Coparcener Under Hindu Succession Act, 1956.

The case involves a second appeal filed by the defendants (appellants) against the judgment and decree in R.A. No. 207/1997, which confirmed the trial...

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Bombay High Court Dismisses Tenants' Revision Against Execution of Eviction Decree by Transferee Landlord. Transferee Pendente Lite Held Entitled to Execute Decree Under Order 22 Rule 10 CPC.

The present Civil Revision Application was filed by the tenants (applicants) challenging the order dated 27/28.11.2008 passed by the Appellate Bench o...

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Bombay High Court Adjudicates on Maintainability of Civil Suit in Municipal Taxation Matter amid Section 406 Appeal Mechanism. Jurisdictional Dispute over Exemption Claim for Charitable Use under Maharashtra Municipal Corporations Act, 1949.

The case involved a dispute over municipal tax levied on a building owned by a public trust. The trust, Akola Gujrati Samaj, claimed exemption from ta...

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Bombay High Court Dismisses Appeal in Property Partition Suit — Upholds Trial Court's Refusal to Reopen Consent Terms. Consent Terms Recorded in Earlier Suit Are Binding and Cannot Be Reopened Without Proof of Fraud or Collusion Under Order 23 Rule 3 of CPC.

The appellant, Mrs. Geeta Patkar, filed First Appeal No. 18 of 2014 against the judgment and order of the trial court in Special Civil Suit No. 55 of ...

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Bombay High Court Allows Wakf Board's Second Appeal in Property Dispute Over Dargah and Graveyard. Court Holds That Wakf Board Can Sue for Declaration and Possession Without Prior Notification Under Section 6 of Wakf Act, 1954, and That Adverse Possession Cannot Be Claimed Against Wakf Property.

The appellant, Maratwada Wakf Board, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment of the fir...

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Bombay High Court Allows Appeal Against Section 9 Order Due to Insufficiently Stamped MOU. Application Under Section 9 of Arbitration and Conciliation Act, 1996 Held Not Maintainable as Underlying Agreement Was Insufficiently Stamped Under Section 35 of Bombay Stamp Act, 1958.

The appeal arose from an order dated 30 August 2013 passed by the learned Principal District Judge, Thane, allowing an application filed by the respon...

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Bombay High Court Dismisses Writ Petition Challenging Civil Court Decree in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With Under Article 227. Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses and Handwriting Expert, Leading to Dismissal of Suit.

The petitioner, Malaga Realtors Private Limited, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and dec...