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Bombay High Court Dismisses Appeal Against Remand Order in Property Suit — Trial Court's Judgment Set Aside for Failure to Frame Issues and Consider Evidence. Lower Appellate Court's Remand Under Order 41 Rule 23 CPC Upheld as Proper Exercise of Power to Prevent Failure of Justice.

The case involves a property dispute over land Survey No. 50 admeasuring 26 acres 4 gunthas situated at village Asadullabag. The original plaintiff, K...

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Supreme Court Disagrees with Rajni Tandon on Interpretation of 'Person Executing' under Section 32(a) of Registration Act, 1908. Power-of-Attorney Holder Not Executant; Authentication under Section 33 Required for Agent Presenting under Section 32(c).

The present appeals before the Supreme Court of India arose from a civil suit concerning the validity of an Irrevocable General Power of Attorney date...

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Bombay High Court Allows Appeal in Property Dispute Over Will Validity and Adverse Possession. The court held that the Will was not proved but the defendants failed to prove adverse possession, remanding for fresh consideration.

The dispute concerns a property at Calangute known as 'Sullachi Nhat' with a house, originally owned by Joao Francisco Lobo and his wife Joanita Lobo....

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High Court of Karnataka Dismisses Plaintiff's Writ Petition in Specific Performance Suit — Rejection of Notice to Admit Documents Upheld. Trial Court's Discretion Under Order XII Rule 2 CPC Not Interfered With as Plaintiff Failed to Show That Documents Were Admitted or That Rejection Caused Prejudice.

The petitioner-plaintiff filed a suit for specific performance of a contract for sale of property, seeking to direct the defendants to accept the bala...

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High Court of Karnataka Dismisses Appeal in Property Dispute — Plaintiff Fails to Prove Possession and Title Against Society and Purchaser. The court held that the plaintiff cannot seek a declaration without establishing his own title, and that mere filing of a suit does not prove possession.

The appellant, S. Nanjappa, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated ...

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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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Bombay High Court Dismisses Appeals in Property Dispute Over Will Validity and Adverse Possession. Court upholds trial court's finding that plaintiff failed to prove execution of will and defendants failed to prove adverse possession.

The case involves a property dispute between the plaintiffs (Carlos Tavora and others) and the defendants (Maria Felicidade Fernandes e Lobo and other...

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Bombay High Court Allows Appeal in Property Dispute Over Will Validity and Adverse Possession. The court upheld the validity of a Will and rejected the claim of adverse possession by co-owners, holding that possession must be hostile and with ouster to ripen into title.

The dispute pertains to a property known as 'Sullachi Nhat' in Calangute, Goa. The plaintiffs claimed title through a Will executed by Joao Francisco ...

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Karnataka High Court Hears Appeal Under Order 43 Rule 1(r) CPC Against Dismissal of Interim Injunction Applications in Suit for Recovery of Mortgage Debt. Appellant Sought to Restrain Further Mortgage and Commercial Operations Pending Suit.

The appeal arose from a recovery suit filed by M/s Gaurav Rose Real Estate Pvt. Ltd. against M/s Blue Horizon Hotels Pvt. Ltd. and others for Rs.5 cro...