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High Court of Bombay at Goa Allows Appeal Against Remand Order in Property Suit — Trial Court's Dismissal of Suit Upheld as Proper. The appellate court erred in remanding the suit for fresh decision without setting aside the trial court's findings on limitation and adverse possession.

The appellant, original defendant No. 1, filed an appeal against the order of remand dated 16.7.2013 passed by the District Judge-I, North Goa, at Pan...

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Bombay High Court Dismisses Appeal in Probate Case, Holding Injunction Not Maintainable in Testamentary Proceedings. Executor Must Seek Property Protection Before Civil Court, Not in Probate Petition Under Indian Succession Act, 1925.

The appellant, Ramchandra Ganpatrao Hande, filed a testamentary petition seeking probate of a will allegedly executed by Sushila Vithalrao Hande on 2 ...

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Bombay High Court Dismisses Suit for Specific Performance Due to Non-Compliance with Order VI Rule 17 CPC and Lack of Pleading Readiness and Willingness. Plaintiff failed to amend plaint to incorporate essential facts regarding readiness and willingness to perform contract, leading to dismissal of suit.

The plaintiff, Neeta Sawant, filed a suit for specific performance of an Agreement for Sale dated 30th September 2016, by which the defendants agreed ...

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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 BDA's Appeal in Property Injunction Suit — Upholds Trial Court's Finding of No Prima Facie Title. BDA Failed to Establish Ownership Over Suit Property as Revenue Records Showed Private Ownership, and No Acquisition Proceedings Were Proven.

The judgment arises from two connected Regular First Appeals filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and dec...

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Supreme Court Allows Appeal in Possession Suit Based on Registered Sale Deed — Title Not Extinguished by Subsequent Mutation or Revenue Entries. Registered sale deed confers absolute title and possession; subsequent revenue entries or mutation do not affect title unless set aside by competent court.

The appeal arises from a suit for possession filed by the plaintiff-appellant (since deceased, represented by legal representatives) against the defen...

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Bombay High Court Dismisses Second Appeal in Adverse Possession Case — Appellant Failed to Prove Hostile Possession for Statutory Period. The Court held that mere long possession without animus possidendi does not constitute adverse possession under Section 65 of the Indian Limitation Act, 1963.

The case involves a second appeal before the Bombay High Court arising from a suit for possession filed by the respondent (original plaintiff) against...

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High Court of Karnataka Dismisses Appeals in Property Dispute, Upholds Trial Court's Dismissal of Suit for Declaration and Recovery of Possession. The court held that the plaintiff failed to prove title and possession over the suit property, and the suit was barred by limitation.

The case involves two Regular First Appeals filed against the judgment and decree dated 07.11.2014 in O.S.No.72/2011 passed by the I Additional Senior...