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High Court of Karnataka Allows Second Appeal in Execution Petition — Limitation for Appeal Under Section 100 CPC Not Applicable to Orders Under Order 21 Rule 32 CPC. First Appellate Court Directed to Consider Condonation of Delay Application on Merits Before Dismissing Appeal as Time-Barred.

This second appeal was filed by the decree-holder in HRC 4/78 against the rejection of his execution petition in Exn.P.162/90 and the judgment of the ...

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Supreme Court Allows Appeal in Possession Suit Limitation Dispute — Article 64 Limitation Act, 1963 Applicable. High Court erred in holding suit within limitation based on earlier observation; limitation runs from date of dispossession, not from declaration of title.

The present appeal arises from a long-standing property dispute. The appellants are the children of late Srinivas Shetty, who had executed a sale deed...

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Bombay High Court Allows Second Appeal in Property Dispute — Restores Trial Court's Decree of Declaration of Ownership and Injunction. First Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence Under Section 100 of Code of Civil Procedure, 1908.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court, which re...

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Madras High Court Hears Second Appeal Against Concurrent Findings Dismissing Injunction Suit Based on Compromise Decree. Substantial Questions on Res Judicata and Minor Guardian Not Signing Compromise Raised.

The case involved a second appeal before the High Court of Madras arising out of a suit for permanent injunction filed by the plaintiffs-appellants ag...

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Bombay High Court Allows Second Appeal in Property Dispute Over Encroachment on Community Land — Muslim Association's Locus Standi Upheld. The court held that an unregistered association can sue to protect its property and that permissive possession can be revoked at any time.

The dispute pertains to a stall/gada situated on a strip of land in Survey No. 213/11 of Piligao village, Goa. The plaintiff, an association of the Mu...

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Bombay High Court Directs Court Receiver to Evict Third Party from Suit Property in Port Trust Lease Dispute. Third party found in illegal occupation of building without any right, directed to be evicted with police assistance.

The Bombay High Court addressed a Court Receiver's Report seeking directions regarding a third party, Mr. Sahebrao Kadam, who was found occupying subs...