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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

The present second appeal arises from a partition suit filed by the original plaintiffs (appellants) against the defendants (respondents). The plainti...

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High Court of Karnataka Dismisses Plaintiff's Writ Petition in Specific Performance Suit — Rejection of Notice to Admit Documents Upheld. Trial Court's Discretion Under Order XII Rule 2 CPC Not Interfered With as Plaintiff Failed to Show That Documents Were Admitted or That Rejection Caused Prejudice.

The petitioner-plaintiff filed a suit for specific performance of a contract for sale of property, seeking to direct the defendants to accept the bala...

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High Court of Karnataka Dismisses Revision Petition in Ejectment Suit — Upholds Trial Court's Order Allowing Production of Mortgage Deed. Defendant's Application for Production of Mortgage Deed Under Order 8 Rule 1-A CPC Allowed as Document Was Relevant and Not Previously Available.

The plaintiff filed a suit for ejectment against the defendant seeking possession of the plaint schedule premises. The suit was at the stage of trial....

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High Court of Karnataka Allows Partition Appeal, Remands Suit for Fresh Consideration on Issue of Joint Family Property. The trial court's decree was set aside due to improper appreciation of evidence and failure to frame proper issues regarding the nature of the suit properties.

The appeal arises from a judgment and decree dated 30.11.2006 passed by the Principal Civil Judge (Sr.Dn.), Dharwad, in O.S.No.242/2003, decreeing the...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. No Substantial Question of Law Arises Under Section 100 CPC as Courts Below Correctly Appreciated Evidence and Held Plaintiffs Failed to Prove Joint Family Property.

The appellants, who were the plaintiffs in a partition suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, against the...

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Karnataka High Court Dismisses Plaintiff's Writ Petition Challenging Trial Court's Order Permitting Marking of Unregistered Sale Deed. Unregistered Sale Deed Admissible for Collateral Purpose Upon Payment of Stamp Duty and Penalty Under Karnataka Stamp Act, 1957.

The petitioner, Smt. Boramma, represented by her GPA holder Smt. Puttamani, filed a writ petition under Article 226 of the Constitution of India chall...