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High Court of Bombay Sets Aside Dismissal of Suit Due to Non-Application of Mind by Trial and First Appellate Courts. The court remanded the matter for fresh adjudication as the lower courts failed to properly consider the cited rulings and the final order lacked reasoning.

The case involves a second appeal before the High Court of Bombay at Nagpur, arising from a Regular Civil Appeal No.45 of 2001 decided on 14/8/2012, w...

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Bombay High Court Dismisses Second Appeals in Rent Control Cases, Upholds Appellate Court's Finding of No Tenancy. Landlord's Suit for Possession Fails as Tenant Proves Payment of Rent and Absence of Valid Termination Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The appellant, Radhyesham Ramkaran Choube, filed four second appeals (Second Appeal Nos. 4, 8, 11, and 16 of 2002) against a common judgment dated 10....

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Bombay High Court Allows Second Appeal in Possession Suit — Appellants Entitled to Possession of Suit Property Based on Title and Adverse Possession. Permissive occupation does not create ownership; respondent failed to prove adverse possession or valid title.

The case involves a dispute over possession of a suit plot and house. The original plaintiffs (now appellants) are the sons of Marotrao Dhobale, the o...

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Bombay High Court Allows Second Appeal in Land Encroachment Suit Due to Lack of Proper Measurement. Court holds that re-measurement of suit field and adjoining lands is necessary to determine encroachment when description of property in plaint is insufficient under Order VII Rule 3 CPC.

The case involves a second appeal filed by Laxman Wamanrao Nagapure against the judgment and order dated 6.8.2012 passed by the learned District Judge...

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Bombay High Court Allows Second Appeal in Licensor-Licensee Dispute — Civil Court Lacks Jurisdiction Under Section 26(2) of Provincial Small Causes Courts Act, 1887. The suit for possession based on temporary license is exclusively triable by Small Causes Court, not Civil Court.

The appellant (original defendant) challenged the concurrent findings of the trial court and first appellate court in a suit for possession filed by t...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Lower Courts. Plaintiff Failed to Prove Title and Possession Over Suit Shop; Adverse Possession Claim Rejected Under Limitation Act.

The case involves a second appeal filed by the appellant, who is the grand-daughter-in-law of the original plaintiff Gangabai Gilda. The suit property...

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Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree for Possession and Damages. Defendant's Possession Not Protected Under Section 53A of Transfer of Property Act, 1882 Due to Breach of Contract and Non-Performance.

The case involves a second appeal filed by the original plaintiff, Deorao Balaji Bhoyar (since deceased, through legal representatives), against the j...

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Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Fact. No substantial question of law arises under Section 100 CPC as findings are based on evidence and not perverse.

The judgment involves four second appeals arising from a property dispute between Arun s/o Narayanrao Kale (original plaintiff) and the legal represen...