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High Court of Karnataka Dismisses Second Appeal in Property Declaration Suit — Concurrent Findings of Ownership Based on Will Upheld. Court holds that concurrent findings of fact cannot be interfered with under Section 100 CPC unless perverse or based on no evidence.

The Regular Second Appeal was filed by the defendant-appellant against the concurrent judgment and decree of the Trial Court and First Appellate Court...

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High Court Allows Appeal Against Remand Order in Suit for Declaration of Ownership of Property Near Protected Monument — Held That Trial Court Must Decide Suit on Merits Without Being Influenced by Observations in Remand Order.

The appellant, Balkrishna Padmakar Joshi, filed a Regular Civil Suit No.377 of 2005 seeking declaration of ownership and injunction in respect of a re...

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High Court of Karnataka Dismisses Revision Petition Against Rejection of Plaint Rejection Application in Trust Property Suit. Order VII Rule 11(d) CPC Application Rejected as Plaint Disclosed Cause of Action and Was Not Barred by Law.

The petitioner, a defendant in a suit filed by the first respondent (a public trust), challenged the order dated 12.03.2015 passed by the II Additiona...

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Bombay High Court Allows Second Appeal in Property Suit — Finds Concurrent Findings of Courts Below Suffer from Material Irregularity and Perversity. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The present second appeal arises from a suit for declaration of ownership and permanent injunction filed by the respondents (original plaintiffs) agai...

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High Court of Karnataka Dismisses Second Appeal in Property Declaration Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for declaration of joint ownership and compensation decreed in part; no substantial question of law arises.

The appellant, Smt. Subadhramma, was the defendant No.3 in O.S. No.226/2011 on the file of the I Addl. Civil Judge, Bellary. The suit was filed by the...

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Bombay High Court Allows Appeal in Property Injunction Suit — Remands Case for Fresh Consideration. Lower Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence Under Order 41 Rule 23 CPC.

The appellant, Sayed Akbar, filed a suit for perpetual injunction and declaration of ownership against respondents Dhondiba and Sayeed Habib regarding...