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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved, Limitation Barred Suit. Plaintiff failed to prove execution of agreement and payment of earnest money; suit filed beyond three years from date of refusal.

The present Regular First Appeal arises from a judgment and decree dated 03.08.2022 passed by the Principal Senior Civil Judge and CJM, Dharwad, in O....

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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Partition Suit. Appellant Failed to Prove Sufficient Cause for Non-Appearance Under Order IX Rule 13 CPC.

The appeal arose from an order of the City Civil Court dismissing the appellant's Notice of Motion to set aside an ex-parte decree in a partition suit...

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Supreme Court Hears Appeals Against Madras High Court’s Setting Aside of Alienations and Direction to Frame Scheme for Charitable Trust. High Court Held Will Dated 27.9.1968 Was Mutual and Joint, and Alienations by Surviving Spouse Void.

These appeals arose from Original Suit No. 76 of 1981, filed by Hindu Community in General and Citizens of Gobichettipalayam as plaintiff, seeking adm...

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Karnataka High Court Considers Second Appeal in Property Dispute: Unregistered Sale Deed and Adverse Possession. The Substantial Questions of Law Include Whether Unregistered Sale Deed Can Be Used Collaterally to Establish Possession for Adverse Possession.

The present regular second appeal was filed by the legal representatives of the original plaintiff, Sudheendra Rao Kasabe, challenging the judgment an...

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Bombay High Court Allows Revision Against Municipal Corporation's Demolition Notice for Lack of Proper Hearing Under MMC Act. Court Holds That Show-Cause Notice Must Be Served on All Occupiers and That Demolition Without Considering Objections Violates Principles of Natural Justice.

The case involves a civil revision application filed by the applicant, who is the trustee of Jaliwali Masjid and Arbi Madarsa, along with other indivi...

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Bombay High Court Allows Appeals Against Remand Order in Suit for Possession and Mesne Profits — District Judge Exceeded Revisional Jurisdiction by Suo Motu Raising Valuation Issue Without Pleading or Prejudice.

The appellants, as plaintiffs, filed suits before the Civil Judge Junior Division, Nashik, seeking possession of suit property and compensation/mesne ...

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Bombay High Court Allows Petition to Strike Issue of Mundkar Rights in Civil Suit — Lack of Specific Pleadings. Issue framed on vague allegations without particulars of occupation under Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 cannot be sustained.

The petitioner, Shri Mahableshwar Pandurang Halankar, filed a writ petition challenging an order dated 30.06.2008 passed by the Civil Judge, Senior Di...