Search Results for "appellate interference"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "appellate interference"

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Supreme Court

“Mandatory Injunction vs Possession: Supreme Court Clarifies Section 41(h) Specific Relief Act (2026 INSC 61)”“Cloud on Title & Possession: Why Injunction Suit Fails

15 Jan 2026

In Sanjay Paliwal v. Bharat Heavy Electricals Ltd., the plaintiffs sought a mandatory injunction to remove a wall allegedly blocking access to their l...

High Court

Gujarat High Court Examines Whether Appeal is Barred by Res Judicata and Abatement in Suit for Specific Performance; Court Notes that Plaintiffs Did Not Appeal Decree in Companion Suit and Failed to Bring All Legal Heirs On Record.

20 Mar 2026

The appeal arises from the judgment and decree dated 18.03.2000 passed by the trial court in Special Civil Suit No. 176 of 1991 and Regular Civil Suit...

High Court

High Court of Karnataka Allows Second Appeal in Property Dispute — Sets Aside Concurrent Findings on Declaration and Possession. Court holds that the First Appellate Court failed to frame proper points for determination under Order 41 Rule 31 CPC, rendering its judgment unsustainable.

17 Mar 2023

The appellant, Sri Gundappa, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree da...

High Court

High Court of Karnataka Allows Appeal in Property Dispute Over 'AB' Wall — Remand Order Set Aside for Lack of Jurisdiction. First Appellate Court Exceeded Powers Under Order 41 Rule 23 CPC by Remanding Without Recording Satisfaction That Decree Was Reversed or Set Aside.

16 Feb 2022

The present miscellaneous second appeal was filed by the appellants/defendants challenging the judgment and decree dated 31.01.2013 passed by the Fast...

High Court

High Court of Karnataka Dismisses Regular 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.

15 Dec 2022

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) was filed by the appellants (legal representatives of t...

High Court

Bombay High Court at Goa Allows Writ Petition Challenging Reversal of Temporary Injunction — Appellate Court Exceeded Jurisdiction by Substituting Its Own View Without Finding Perversity. Trial Court's Order Granting Injunction Restored as Plaintiffs Established Prima Facie Case and Balance of Convenience.

3 Mar 2005

The petitioners, original plaintiffs in Regular Civil Suit No.116/04/B, filed a suit for declaration and permanent injunction against the respondents,...

High Court

Bombay High Court at Goa Allows Civil Revision Application in Property Dispute — Concurrent Findings of Courts Below Set Aside Due to Perversity and Non-Application of Mind. The Court held that the lower appellate court failed to properly re-appreciate evidence and misapplied the principle of res judicata, warranting interference under Section 115 CPC.

14 Dec 2022

The applicant, Smt. Rosy Noronha, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the judgment ...

Supreme Court

Supreme Court Reverses High Court Decision and Upholds Dismissal of Second Suit on Grounds of Res Judicata and Order II Rule 2 CPC. The Court held that the second suit was barred as it involved the same parties, subject matter, and cause of action as the first suit, and the High Court erred in interfering with concurrent findings under Section 100 CPC.

9 Apr 2026

The dispute originated from an adoption deed dated March 23, 1961, where Respondent allegedly adopted Channappa. In 2002, Respondent filed Suit-I (O.S...

High Court

Bombay High Court Allows Second Appeal Against Lower Appellate Court's Decree for Non-Compliance with Order XLI Rule 31 CPC. Holds That First Appellate Court Must Independently Assess Evidence and Give Reasons for Each Point; Mere General Concurrence Is Insufficient and Vitiates Judgment.

2 Jul 2013

The dispute originated from a partition suit filed by the respondent-plaintiff, claiming a one-fourth share in ancestral properties as the daughter of...

High Court

Karnataka High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree for Declaration and Injunction. First Appellate Court's Reversal Set Aside for Ignoring Documentary Evidence and Failing to Frame Proper Points for Determination Under Order 41 Rule 31 CPC.

5 Apr 2024

The appellant, Kum. Harshada S., filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree da...

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