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Bombay High Court Dismisses Interim Injunction Application in Specific Performance Suit — Plaintiff Fails to Establish Possession and Prima Facie Case. Balance of convenience favors defendant as property stands in defendant's name and no irreparable loss shown.

The present matter is an interim application in a suit for specific performance of an agreement to sell and for permanent injunction. The plaintiff, S...

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Bombay High Court Dismisses Appeal Against Rejection of Plaint in Suit for Specific Performance — Suit Barred by Limitation. The court held that the plaint must be rejected under Order VII Rule 11(d) CPC when the suit is clearly barred by limitation based on the averments in the plaint.

The appellant, Romesh Satyanarayan Sharma, filed a suit for specific performance of an agreement to sell dated 15.07.2005 against the respondents, Mrs...

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Supreme Court Allows Wakf Board's Appeal in Service Inam Land Dispute — Property Held to Be Wakf Due to Partition Deed Recital and Unchallenged Gazette Notification. Plaintiffs' Title Based on Void Alienations Cannot Be Sustained.

The Supreme Court allowed the appeal filed by the Andhra Pradesh State Wakf Board against the judgment of the High Court of Andhra Pradesh, which had ...

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High Court of Karnataka Allows Writ Appeal in Land Reforms Case — Upholds Land Tribunal's Order Granting Occupancy Rights to Tenant. Third Party Trust's Challenge to Tribunal's Order Dismissed as Not Maintainable Under Karnataka Land Reforms Act, 1961.

The appellant, T. Venkateshalu, filed an application in Form No.1 on 06.12.1983 before the Land Tribunal, Hosapete Taluk, claiming occupancy rights in...

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High Court of Karnataka Allows Appeal in Property Suit — Rejection of Plaint Under Order VII Rule 11 CPC Set Aside. Court holds that a suit for declaration and injunction is not barred by limitation when the plaintiff is in possession and the cause of action is continuous.

The appellant, defendant Nos.1 to 3 in the original suit, challenged the order of the First Appellate Court which had set aside the Trial Court's orde...

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High Court of Karnataka Allows Appeal in Property Suit — Rejection of Plaint Under Order VII Rule 11 CPC Set Aside. Court holds that a suit for declaration and injunction is not barred by limitation when the plaintiff is in possession and the cause of action is continuous.

The appellant, defendant Nos. 1 to 3 in the original suit, challenged the order of the First Appellate Court which had reversed the Trial Court's orde...

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High Court of Karnataka Allows Appeal in Property Dispute — Restrains Interference and Construction Pending Suit. Prima facie case established regarding joint family property and partnership firm rights under Order 39 Rules 1 and 2 CPC.

The appellants, Mr. Parth Ghorpade and Mr. Sarvajeet Ghorpade, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) read with Section 151 of th...