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High Court of Karnataka Dismisses Second Appeal in Property Declaration Suit — Concurrent Findings of Ownership Based on Will Upheld. Court holds that concurrent findings of fact cannot be interfered with under Section 100 CPC unless perverse or based on no evidence.

The Regular Second Appeal was filed by the defendant-appellant against the concurrent judgment and decree of the Trial Court and First Appellate Court...

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Supreme Court Reinstates Specific Performance Decree in Land Sale Agreement Dispute. Trial Court's Discretion to Enhance Sale Consideration Upheld as Plaintiff Demonstrated Readiness and Willingness Under Specific Relief Act, 1963.

The dispute arose from an agreement to sell dated 07.08.2005, where the defendants agreed to sell land to the plaintiff for Rs. 8,750 per cent, with a...

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High Court of Bombay at Nagpur Allows Second Appeal in Gift Deed Dispute, Restores Trial Court's Dismissal of Suit for Possession. Condition Subsequent of Caretaking Breached, Gift Stood Revoked Under Sections 126 and 31 of Transfer of Property Act; Unregistered Agreement Held Not Require Registration

The dispute involved a suit for possession of land filed by Santoshrao Natthu Wankhede (the plaintiff) against his uncle Natthuji Jairam Wankhede (the...

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High Court Dismisses Review Petition in Property Dispute Over Will — No Error Apparent on Face of Record. Review under Section 114 CPC read with Order 47 Rule 1 CPC cannot be used to re-argue the case or correct erroneous findings unless there is an error apparent on the face of the record.

The applicants (original appellants) filed a review application under Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure, 1908, seek...

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High Court Allows Writ Petition, Sets Aside Trial Court Order Dismissing Impleadment Application in Specific Performance Suit Under CPC and Constitution of India

The petitioners filed a writ petition under Article 227 of the Constitution of India challenging the Trial Court's order dated 01.10.2022 that dismiss...

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High Court of Karnataka Dismisses Second Appeals in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. The court held that no substantial question of law arises for consideration in second appeals challenging concurrent findings of fact in a suit for possession.

The judgment pertains to two Regular Second Appeals (RSA No.7512/2010 and RSA No.7511/2010) filed under Section 100 of the Code of Civil Procedure, 19...

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Bombay High Court Admitted Second Appeal on Questions of Law Concerning Insolvency Act and Auction Sale Confirmation. The Court Framed Eight Substantial Questions Involving Interpretation of Provincial Insolvency Act, 1920, Order 21 Rule 92 CPC, and Res Judicata in Tenancy Proceedings.

The matter concerned a long-standing insolvency dispute dating back to 1959. Roopsingh Chainsingh Ture filed Insolvency Application No.12 of 1959 befo...