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Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...

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Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — No Concluded Contract Found. Agreement to Sell Not Finalized as Parties Did Not Reach Consensus on Essential Terms, and Suit Barred by Limitation Under Article 54 of Limitation Act, 1963.

The plaintiff, Shree Construction Company, filed a suit for specific performance of an alleged agreement to sell a property against the defendants, in...

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Bombay High Court Allows Appeal Against Rejection of Counter Claim in Specific Performance Suit. Counter Claim Filed Within Limitation Period as Cause of Action Arose from Termination of Agreement and Filing of Suit.

The appeal arose from an order of a Learned Single Judge of the Bombay High Court dated 24 November 2006, which allowed a motion for rejection of a co...

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Bombay High Court Dismisses Revision Against Civil Court's Jurisdiction in Saranjam Property Dispute. The court held that the Bombay Rent-Free Estates Act, 1852 and Exemptions from Land Revenue Acts, 1863 do not bar civil court jurisdiction over title and possession of Saranjam properties.

The case involves a Civil Revision Application filed by the original defendant no. 1 challenging an order dated 22 February 2005 passed by the Joint C...

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High Court of Gujarat Dismisses Revision Against Rejection of Plaint Under Order 7 Rule 11 CPC in Land Dispute. Court holds that disputed questions of fact regarding ownership and encroachment cannot be decided in summary rejection under Order 7 Rule 11 CPC.

The present Civil Revision Application was filed by the applicants, who were original opponent Nos. 2 and 3, against the judgment and order dated 12.0...

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High Court of Karnataka Dismisses Defendant's Second Appeal in Possession Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Possession of 3 Guntas Land Decreed Based on Plaintiff's Title and Encroachment by Defendant.

The respondent/plaintiff Basappa filed a suit for possession in O.S. No.215/2006 before the Principal Civil Judge (Jr.Dn.), Mudhol, claiming ownership...

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High Court of Karnataka Partly Allows Partition Appeal in Family Property Dispute — Modifies Trial Court's Decree on Self-Acquired Properties. The court upheld the trial court's finding on joint family property but excluded certain items from partition due to lack of evidence of jointness.

The case involves a partition suit filed by the respondents (daughters and widow) against the appellants (sons) for partition of suit schedule propert...