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Bombay High Court Dismisses Landlord's Restoration Applications in Eviction Disputes Due to Failure to Show Sufficient Cause for Non-Appearance. Order IX Rule 9 CPC Requires Satisfactory Explanation for Absence, Which Was Not Provided.

The judgment pertains to a group of civil applications filed by Lekhraj M. Solanki and Jasoda Lekhraj Solanki, the original plaintiffs, seeking restor...

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High Court of Karnataka Allows Appeal in Property Dispute Between Brothers — Sets Aside Trial Court Decree for Declaration and Possession. Suit for Declaration of Title and Possession Dismissed as Plaintiff Failed to Prove Ownership and Adverse Possession Against Co-Owner Brother.

The appeal arises from a judgment and decree dated 07.11.2007 in O.S.No.3163/1990 passed by the XV Addl. City Civil and Sessions Judge, Bangalore, dec...

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Karnataka High Court Allows Appeal in Property Declaration Suit — Finds Trial Court Erred in Decreeing Suit Without Proper Consideration of Evidence. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession.

The appeal arises from a judgment and decree dated 16.01.2006 passed by the Civil Judge (Sr.Dn.), Doddaballapur, in OS No.275/2002 (old No.76/2001), d...

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Bombay High Court Dismisses Suit for Specific Performance Due to Non-Compliance with Order VI Rule 17 CPC and Lack of Pleading Readiness and Willingness. Plaintiff failed to amend plaint to incorporate essential facts regarding readiness and willingness to perform contract, leading to dismissal of suit.

The plaintiff, Neeta Sawant, filed a suit for specific performance of an Agreement for Sale dated 30th September 2016, by which the defendants agreed ...

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Supreme Court Allows Appeal in Property Suit Based on Adverse Possession — High Court's Reversal in Second Appeal Without Substantial Question of Law Set Aside. Concurrent Findings of Possession and Ouster by Trial Court and First Appellate Court Restored.

The dispute pertains to a property measuring 1 acre and 18¼ guntas in Sy. No.1/4 originally owned by Thimmadasappa. He executed a registered sale dee...

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Bombay High Court Dismisses Second Appeal in Specific Performance Execution — Res Judicata Bars Fresh Objection After Earlier Rejection. Objector Cannot Re-agitate Same Issue Under Different Exhibit Number When Earlier Objection Under Section 47 CPC Was Decided on Merits and Attained Finality.

The appellant, Nandkishor Hemraj Khandelwal, was the plaintiff in Regular Civil Suit No.2 of 2001 for specific performance of an agreement against res...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...

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High Court of Karnataka Dismisses Second Appeal in Inam Land Dispute, Upholding Concurrent Findings of Possession and Title. Suit for Declaration and Injunction Succeeds as Plaintiffs Prove Their Father Was Granted Inam Land and They Are in Possession.

The case involves a second appeal filed by the defendants (appellants) against the concurrent judgments of the Trial Court and First Appellate Court d...