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Karnataka High Court 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 appellant, Sri Shivashankar, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree...

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High Court Hears Appeal and Cross-Objections Against Dismissal of Declaration Suit. Suit Filed by Brother of Deceased Religious Head for Declaration of Ownership of Property Allotted in 1952, Dismissed by Trial Court.

This Regular First Appeal and cross-objections arise from the judgment and decree dated 9 September 2005 passed by the Principal City Civil and Sessio...

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Bombay High Court Allows Second Appeal in Partition Suit, Upholds Prior Partition Based on Unequal Division and Subsequent Conduct. Court holds that unequal partition does not invalidate severance of joint status and that subsequent alienations of individual shares indicate acceptance of prior partition.

The case involves a Second Appeal filed by the original defendants against a decree for partition and separate possession granted by the First Appella...

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Supreme Court Allows Appeal Against Review Order Deleting Possession Finding in Property Dispute. The High Court exceeded its review jurisdiction under Order 47 Rule 1 CPC by deleting a finding on possession based on non-framing of issue, which was not an error apparent on the face of the record.

The Supreme Court allowed an appeal against the High Court's order in a review petition that deleted a paragraph from its earlier judgment in a proper...

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Bombay High Court Allows Writ Petition Against Executing Court's Rejection of Execution Application for Arbitral Award. Court Holds That Section 36 of Arbitration and Conciliation Act, 1996 Does Not Require Separate Application Under Section 34 for Execution of Arbitral Award.

The petitioner, Shriram Transport Finance Company Limited, obtained an arbitral award on 09.04.2014 directing the respondents to pay Rs. 74,094/- with...

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Bombay High Court Allows Landlord's Petition in Landlord-Tenant Dispute — Substituted Service Upheld Under Order 5 Rule 20 CPC. Exparte Decree Restored as Tenant Failed to Show Sufficient Cause for Non-Appearance.

The case involves a landlord-tenant dispute over a room in Mumbai. The original petitioner (landlord) filed a suit for possession against the original...

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Bombay High Court Dismisses Revision in Possession Suit — Concurrent Findings of Fact Not Interfered With Under Section 115 CPC. Tenant's claim of possession based on purchase of shed and payment of rent rejected as findings of fact by courts below were not perverse or without jurisdiction.

The petitioner, Laxman N. Deshmukh, filed Regular Civil Suit No. 394 of 1983 before the Civil Judge, Junior Division, Satara, seeking possession of a ...