Search Results for "Ex-Parte Order"

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Supreme Court Partly Allows Appeal in Specific Performance Suit — Distinguishes Between Condonation of Delay and Setting Aside Ex-Parte Decree. High Court Exceeded Jurisdiction by Setting Aside Ex-Parte Decree When Only Revision Against Condonation Order Was Filed.

The case arises from a suit for specific performance of an agreement for sale filed by the appellants (plaintiffs) against the respondents (defendants...

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Bombay High Court Allows Appeal Against Remand Order in Adverse Possession Suit — Trial Court Decree Restored. First Appellate Court Exceeded Jurisdiction by Remanding Suit for Filing Written Statement Despite Proper Procedure Being Followed.

The case arises from a suit for declaration of ownership based on adverse possession filed by the plaintiffs (appellants) against the defendant (respo...

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Bombay High Court Dismisses Second Appeal in Property Suit — Upholds Concurrent Findings on Title and Adverse Possession. Court holds that dismissal of restitution application under Section 144(1) CPC does not bar a fresh suit for possession based on independent title.

The case involves a property dispute over a house and land at Survey No. 123, Block No. 276, village Atyal, taluka Gadhinglaj. The respondents (origin...

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Bombay High Court Dismisses Husband's Appeal in Nullity of Marriage Case Based on Wife's Sickle Cell Anemia. Sickle Cell Anemia Not a Ground for Voidable Marriage Under Section 12(1)(c) of Hindu Marriage Act as It Is Not a Communicable Disease and No Fraud Proven.

The appellant husband, Pradeep Ambhore, filed a Family Court Appeal before the Bombay High Court challenging the judgment of the Family Court, Akola, ...

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High Court of Karnataka Allows Appeal in Property Suit — Remand Order Set Aside Due to Lack of Jurisdiction. First Appellate Court Exceeded Its Powers Under Order 41 Rule 23 CPC by Remanding Suit Without Satisfying Conditions for Remand.

The appellants, as plaintiffs, filed a suit for declaration of ownership, possession, and permanent injunction in respect of suit schedule property. T...