Search Results for "possession and enjoyment"

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Madras High Court Allows Second Appeal in Property Suit, Sets Aside Concurrent Findings of Courts Below. Court holds that plaintiff failed to prove title and possession, and that the suit was barred by limitation under Article 65 of the Limitation Act, 1963.

The case involves two second appeals arising from a common judgment of the Additional Sub Judge, Chengalpattu, in A.S. No.12 of 2001, which modified t...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The appellants (original plaintiffs) filed a suit for declaration of title and permanent injunction in respect of suit property bearing R.S. No. 165/2...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for declaration and injunction dismissed as plaintiff failed to prove title and possession.

The appellant, Aravind S/o Krishnaji Kulkarni, filed Regular Second Appeal No.161/2002 against the judgment and decree dated 4.9.2001 passed in R.A.No...

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High Court of Karnataka Sets Aside Trial Court Judgment for Lack of Reasons in Declaration and Injunction Suit — Remands for Fresh Disposal. Court finds that the Trial Court failed to discuss evidence or assign reasons on issues framed, rendering the judgment unsustainable under Order 20 Rule 4(2) CPC.

The appellant, who was the defendant in the original suit, challenged the judgment and decree dated 23 June 2014 passed by the XLIII Additional City C...

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Bombay High Court Dismisses State Appeal Against Maintainability of Suit Challenging Slum Acquisition Proceedings. Suit for Declaration of Title and Injunction Held Maintainable Despite Bar Under Section 42 of Maharashtra Slum Areas Act, 1971.

The State of Maharashtra appealed against an order dated 12 April 2016 passed by a learned Single Judge of the Bombay High Court in Suit No.2862 of 20...

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High Court of Karnataka Dismisses Second Appeal in Property Dispute, Upholds Concurrent Findings on Will and Adverse Possession. The court held that the document dated 24.10.1960 was a Will and not a settlement deed, and that the appellant failed to prove adverse possession.

The case involves a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated 30....

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Bombay High Court Dismisses Appeal Against BMC Demolition Notice for Unauthorized Construction. Notice under Section 351 of BMC Act, 1888 Held Valid as Plaintiff Failed to Prove Title or Authorization.

The appellant, Namdev Pandurang Panchal, filed a suit seeking a declaration that a notice dated 19.10.2001 under Section 351 of the Mumbai Municipal C...