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Bombay High Court Dismisses Second Appeal in Property Suit — Upholds Concurrent Findings on Title and Adverse Possession. Court holds that dismissal of restitution application under Section 144(1) CPC does not bar a fresh suit for possession based on independent title.

The case involves a property dispute over a house and land at Survey No. 123, Block No. 276, village Atyal, taluka Gadhinglaj. The respondents (origin...

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Bombay High Court Upholds Eviction Decree for Non-User of Commercial Premises Under Maharashtra Rent Control Act, 1999. Tenant's failure to use the suit premises for a continuous period of six months without reasonable cause constitutes ground for eviction under Section 16(1)(n) of the Act.

The revision petition was filed by the tenants challenging the judgment and decree of the trial court in Regular Civil Suit No.133/2003 and the appell...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Finding of No Common Property. Suit for partition and separate possession fails as plaintiff failed to prove that suit schedule properties were joint family properties.

The appellant, Domegunta Venkatasesha Reddy, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment ...

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Bombay High Court Considers Administrator’s Report for Recovery of Diverted Estate Assets in Testamentary Suit. Court Appointed Administrator Seeks Directions Against Defendant for Unauthorized Diversion of Deceased’s Funds to Various Entities.

The matter concerned the administration of the estate of Purvez Burjor Dalal, who died in Mumbai on 7 December 2011. A testamentary suit was institute...

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Supreme Court Dismisses Appeal in Dargah Land Dispute, Upholds Mutawalis' Right to Possession. Suit for Possession Based on Title Governed by 12-Year Limitation Under Article 65 of Limitation Act, 1963.

The case involves a dispute over agricultural lands situated at village Haregaon, Tq. Ausa, Dist. Latur, claimed by the plaintiffs (respondents herein...

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Bombay High Court Dismisses Appeal in Property Suit for Non-Prosecution. Appeal under Section 96 CPC dismissed as appellants failed to appear and no grounds were made out to interfere with the trial court's judgment.

The present First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908, challenging a judgment and decree passed by the trial court....