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High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Establish Readiness and Willingness to Perform Contract.

The appellant, Sri Bylamurthy, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the concurrent judgments ...

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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

The present second appeal arises from a partition suit filed by the original plaintiffs (appellants) against the defendants (respondents). The plainti...

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Supreme Court Allows Appeal in Possession Suit Based on Registered Sale Deed — Title Not Extinguished by Subsequent Mutation or Revenue Entries. Registered sale deed confers absolute title and possession; subsequent revenue entries or mutation do not affect title unless set aside by competent court.

The appeal arises from a suit for possession filed by the plaintiff-appellant (since deceased, represented by legal representatives) against the defen...

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Supreme Court Allows Appeal in Will Dispute Case — High Court's Reversal of Trial Court's Preliminary Decree Set Aside. Registered Will Fails to Meet Attestation Requirements Under Section 63(c) of Indian Succession Act, 1925 and Section 68 of Evidence Act, 1872.

The case concerns a dispute over a tenement originally allotted to Suhagwanti Devi, the wife of late Harbans Lal, under a redevelopment scheme. After ...

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Bombay High Court Allows Writ Petition Challenging Refusal to Register Conveyance Deed Between Builder and Cooperative Housing Society. Registering Authority Cannot Refuse Registration on Grounds Outside Indian Registration Act, 1908.

The petitioner, Chairman/Secretary of Deep Apartment CHS Ltd., filed a writ petition challenging the orders of the Registering Authority and the Appel...

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Bombay High Court Quashes Competent Authority Order in MOFA Dispute — Failure to Provide Hearing Violates Natural Justice. Section 5A of MOFA Requires Notice and Opportunity of Hearing Before Directing Conveyance of Land to Society.

The petitioners, Mazda Construction Company, Maredia Enterprises, and Sultanabad CHS Ltd. (Proposed), challenged an order dated 11.04.2012 passed by t...

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Bombay High Court Dismisses Second Appeal in Gift Deed Cancellation Suit — Concurrent Findings of Non-Execution Upheld. Gift Deed Allegedly Obtained by Fraud on Illiterate Executant; Burden of Proof Not Discharged by Donee.

The appellant-defendant (Dattatray Narayan Aher) challenged the concurrent judgments of the trial court and first appellate court decreeing the suit f...

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Bombay High Court Allows Second Appeal in Will Dispute, Upholds Trial Court's Decree of Possession. Lower Appellate Court Erred in Rejecting Will on Grounds of Suspicious Circumstances Without Proper Scrutiny of Evidence Under Section 63 of Indian Succession Act, 1925.

The case involves a second appeal by the original plaintiffs, Purushottam Haribhau Pijgade and Gopal Laxmanrao Pajgade, against the judgment and order...