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High Court of Karnataka Allows Second Appeal in Partition Suit — Reopening of Partition Permitted Due to Non-Inclusion of Joint Family Property. The Court held that a prior partition decree not binding on the plaintiff as she was not a party and the property was joint family property.

The appellant, Monakka Shinde, filed a suit (O.S. 370/2004) for reopening of partition, declaration, and injunction against her sons, Maruti Shinde an...

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Bombay High Court Dismisses Appeals by Owner and Insurance Company in Motor Accident Claim — Negligence of Driver Established. Compensation of Rs. 9,50,180/- Upheld Under Section 166 of Motor Vehicle Act, 1988 as Insurance Company Failed to Prove Breach of Policy Conditions.

The case arises from a motor accident claim petition filed under Section 166 of the Motor Vehicle Act, 1988 by the legal representatives of the deceas...

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Bombay High Court Dismisses Appeal for Declaration of Ownership by Adverse Possession Against Government Land. Claim of Long Possession Fails as Plaintiffs Failed to Prove Possession for Over 12 Years and Property Was Government Land.

The appellants, plaintiffs in the original suit, filed First Appeal No. 282 of 2007 before the Bombay High Court at Goa against the judgment dated 25-...

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Bombay High Court Dismisses Application for Appointment of Receiver in Family Property Dispute. Plaintiff Fails to Establish Prima Facie Case for Receiver When Property is in Possession of Defendants and Alternative Remedy of Partition is Available.

The plaintiff, Jayanand Jayant Salgaonkar, filed a suit for partition and accounts against his family members, including his mother, brothers, sisters...

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Bombay High Court Allows Second Appeals in Land Dispute Case — Concurrent Findings Set Aside Due to Non-Application of Mind by First Appellate Court. The Court Held That the First Appellate Court Must Comply with Order 41 Rule 31 CPC and Decide the Appeal on Merits After Proper Appreciation of Evidence.

The present second appeals arise from a land dispute between the appellants (original plaintiffs) and the respondents (original defendants) concerning...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds lower appellate court's decree confirming plaintiff's title and possession based on sale deed and adverse possession.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, arising from a property dispute. The original plaintiff (sin...