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Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Plaintiffs' Title and Possession. The court affirmed that the suit property was self-acquired by the plaintiffs' grandmother and not ancestral, and the defendant failed to prove adverse possession.

The case involves a property dispute over Gat No. 5/6, area 1.21 HR, situated at village Khamkhed, and a residential house in Jalgaon (Jamod). The pla...

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Bombay High Court Upholds Specific Performance of Unregistered Agreement Under MOFA — Loan Defence Rejected. Agreement for sale under Maharashtra Ownership Flats Act, 1963 is enforceable despite non-registration.

The plaintiffs, shop purchasers, filed a suit for specific performance of an unregistered agreement for sale dated 31.8.1991 against the defendant dev...

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Karnataka High Court Upholds Executing Court’s Dismissal of Obstruction Applications Filed Under Order 21 Rule 97 and 99 CPC. Decree for Eviction Executed; Objectors Failed to Prove Possession at Time of Delivery.

The revision petitions arose from the execution of eviction decrees passed by the Small Causes Court in three eviction petitions filed by the decree h...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Madras High Court Allows Appeal in Partition Suit, Sets Aside Trial Court Decree Dismissing Suit as Not Maintainable. Father Cannot Execute Will Over Ancestral Property to Defeat Son's Right by Birth Under Hindu Succession Act, 1956.

The appellant/plaintiff, Karthikeyan, filed a suit for partition seeking a ½ share in the suit properties, claiming they were ancestral coparcenary p...

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High Court of Karnataka Sets Aside First Appellate Court's Decree and Restores Trial Court Dismissal; Adverse Possession Claim Fails as Plaintiff Did Not Admit Defendant's Title and Possession Was Not Hostile

The dispute concerned agricultural land bearing Sy.No.113 measuring 8 acres 84 cents in Bellary district. The original plaintiff Smt. Hampamma filed a...

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High Court of Karnataka Acquits Accused in NDPS Case Due to Non-Compliance with Mandatory Sampling and Sealing Procedures. Conviction under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 set aside as prosecution failed to prove contraband was same as seized sample.

The petitioner, Sri K K Suresh, was convicted by the Civil Judge & JMFC, Ponnampet in CC No.523/2011 for an offence under Section 20(b)(ii)(B) of the ...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner in possession of joint family property cannot claim adverse possession against other co-owners unless there is ouster or denial of title.

The case involves a second appeal filed by the legal heirs of the original defendant No.1 (since deceased) against the judgment and decree dated 01.10...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Domestic Violence Case. Evidence of Marriage Registration, Joint Bank Account, and Family Pension Sufficient to Establish Relationship in Nature of Marriage Under Protection of Women from Domestic Violence Act, 2005.

The case arose from an application filed by the respondent, a woman, under Section 12 of the Protection of Women from Domestic Violence Act, 2005 befo...