Search Results for "declaration decree"

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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...
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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "declaration decree"

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High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds lower appellate court's decree granting 1/5th share to plaintiff in joint family property, rejecting appellant's claim of ouster and adverse possession.

13 Jul 2016

The case involves a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 10.11.20...

High Court

High Court of Karnataka Dismisses First Defendant's Appeal in Partition Suit — Confirms Concurrent Findings on Joint Family Property and Limitation. Court holds that suit for partition is not barred by limitation as long as the plaintiff remains in joint possession and that a co-parcener can seek partition of joint family property even after a preliminary decree.

18 Mar 2015

This is a first defendant's second appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 09.04.2010 pas...

High Court

High Court of Karnataka Hears Regular First Appeals Against Decree for Specific Performance — Trial Court Decree Granting Specific Performance and Cancellation of Sale Deed Under Challenge. The Court Reserved Judgment; Outcome Not Stated in This Excerpt.

22 Jan 2024

These two regular first appeals arose from the judgment and decree dated 30.06.2015 in O.S.No.594/2005 passed by the XI Addl. City Civil Judge, Bengal...

High Court

Bombay High Court Allows Appeal in Suit for Recovery of Business Premises — Conducting Agreement Not Proved as License; Relationship of Licensor-Licensee Not Established. The court held that the plaintiff failed to prove the conducting agreement and the defendant's possession was adverse, barring the suit by limitation.

19 May 2020

The appellants (original defendants) challenged the judgment and decree dated 20th March 2007 passed by the Bombay City Civil Court, which decreed the...

High Court

Karnataka High Court Dismisses Second Appeal by Plaintiffs in Suit for Injunction Due to Failure to Establish Lawful Possession. Trial Court's Examination of Gift Deed Validity and Title Was Not Beyond the Scope of an Injunction Suit Under the Principles in Anathula Sudhakar v. P. Buchi Reddy.

11 Apr 2022

The dispute concerned an agricultural land measuring 3 acres 25 guntas in Sy.No.108 at Mathadahalli village, Nelamangala Taluk. The appellants-plainti...

High Court

High Court of Karnataka Hears Second Appeal Against Reversal of Trial Court Decree in Declaration and Possession Suit. First Appellate Court Reversed Trial Court's Decree Granting Possession of Encroached Land; Second Appeal Challenges Findings on Title, Encroachment, and Limitation.

2 Feb 2024

This matter arises from a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the plaintiff against the judgment an...

High Court

Bombay High Court Allows Third Party Impleadment in Property Appeal — Applicants Claiming Adverse Possession Must Be Heard. Order 1 Rule 10 CPC invoked to join parties with independent title claims to ensure complete adjudication.

7 Aug 2012

The present application was filed by two applicants, Khalil Haji Bholumiya Salar and Bilkis Mehboobsaheb Mujawar, seeking impleadment in First Appeal ...

High Court

Bombay High Court Allows Landlord's Writ Petition in Rent Control Dispute — Sets Aside Appellate Court's Reversal of Eviction Decree. Landlord's Bonafide Need for Reasonable Occupation and Unauthorized Permanent Alterations by Tenant Established Under Bombay Rent Act.

7 Aug 2006

The petitioner, Smt. Yamunabai Dattoba Taware, was the original plaintiff and landlord of a suit premises consisting of one room admeasuring 10x12 fee...

High Court

High Court of Judicature at Bombay Dismisses Writ Petition Challenging Execution Order for Demolition, Upholding Ancillary Power of Executing Court. Constructive Res Judicata Applied for Not Objecting to Execution Notice Under Order XXI Rule 22 CPC, and Order XXI Rule 35(3) Allowed Incidental Demolition Direction for Possession.

17 Apr 2018

The dispute arose from a suit filed by the respondent (plaintiff) seeking a declaration that the petitioner (defendant) had no right to discharge rain...

High Court

High Court of Bombay at Goa Allows Writ Petition and Quashes Decree in Suit Under Section 90 CPC — Decree Obtained Without Written Agreement and Necessary Parties Violated Natural Justice. Decree Passed in Civil Suit No. 48/2008 by District Judge Set Aside as Not Maintainable Under Order XXXVI CPC Without Agreement in Writing of All Interested Parties.

22 Feb 2010

The dispute arose from a registered sale deed dated 10.07.2007, by which the petitioner, M/s. Balaji Property and Developers, purchased property beari...

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