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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Invalidity of Sale by Co-owner Without Proof of Partition. Co-owner's Sale of Undivided Share Without Consent of Other Co-owners Held Invalid as No Prior Partition Was Established.

The case involves a second appeal by original defendants nos.1-3 against a decree for declaration and injunction passed by the lower appellate court. ...

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Madras High Court Allows Second Appeal in Specific Performance Suit — Upholds Trial Court's Decree for Specific Performance and Injunction. Sale Agreement with Full Payment and Possession Confers Equitable Right Under Section 53-A of Transfer of Property Act, 1882.

The plaintiff, Sarojini, filed a suit for specific performance of a sale agreement dated June 25, 2003, and for permanent injunction against the defen...

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Bombay High Court Hears Combined Second Appeals in Property Dispute Involving Individual and Charity. Substantial Questions of Law Frame the Priority of Gift Deed Over Sale Deed and Effect of Pending Litigation.

The judgment pertains to two second appeals preferred before the High Court of Judicature at Bombay, Aurangabad Bench, arising out of two civil suits ...

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High Court of Karnataka Allows Commercial Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Suit for Specific Performance Not Barred by Limitation as Cause of Action Arose from Refusal to Execute Sale Deed in 2018.

The appellants, Sri K.T. Govinde Gowda and Smt. G. Anuradha, filed a Commercial Appeal under Section 13(1A) of the Commercial Courts Act, 2015, challe...

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High Court of Karnataka Dismisses Corporation's Appeal in Property Suit — Upholds Concurrent Findings of Possession and Title. The court held that the Corporation failed to prove its title over the suit property and that the plaintiff's long possession and tax receipts established his right to injunction.

The case involves a Regular Second Appeal filed by the Commissioner of the Corporation of City of Hubli-Dharwad under Section 100 of the Code of Civil...

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Karnataka High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Establish Readiness and Willingness to Perform Contract.

The appellant, Annarao, filed a suit for specific performance of an agreement to sell dated 28.08.1986, allegedly executed by the respondent, Gopal Ra...