Search Results for "Partition deed"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Partition deed"

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High Court

High Court of Karnataka Considers First Appeal Against Denial of Specific Performance of Land Sale Agreement. The appeal challenges the trial court's finding that the plaintiff failed to prove readiness and willingness and that the contract was validly terminated.

3 Mar 2015

The dispute arose from an agreement for sale of agricultural lands situated at Maranagere Village, Tiptur Taluk. The first defendant, aged about 81 ye...

High Court

Karnataka High Court Hears Regular First Appeal Against Part Decree in Specific Performance Suit; Appellant Challenges Dismissal at Admission Stage Under Section 96 CPC. Scope of Section 96 CPC and Requirement of Full Hearing on Merits in Appeals Questioned; Trial Court Had Dismissed Specific Performance Claim for Lack of Readiness and Willingness but Ordered Refund of Advance.

3 Mar 2015

The appeal arose from a suit for specific performance of an agreement to sell immovable property. The plaintiff (appellant) and defendant No.1 execute...

High Court

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

16 Sep 2016

The original plaintiff, Vijay Laxmipati Dasari (since deceased, represented by his legal heirs), filed a suit for specific performance of an agreement...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Appellant Fails to Prove Agreement to Sell. Trial court's finding that no agreement was executed and no advance paid upheld; appeal dismissed with costs.

12 Mar 2015

The appellant, Mr. Jagadish Poonja, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decre...

High Court

High Court of Karnataka Dismisses Appeal in Suit for Specific Performance and Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that a second appeal under Section 100 CPC is not maintainable against concurrent findings of fact unless substantial question of law arises.

12 Mar 2015

The appellant, Mr. Jagadish Poonja, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decre...

High Court

Bombay High Court Allows Admission of Documents in Partition Suit — Secondary Evidence Permitted Under Section 65 of Indian Evidence Act, 1872. Documents Held Admissible as Certified Copies of Public Records or Where Plaintiff Failed to Produce Originals After Notice.

1 Feb 2019

The suit was filed by Indira Rajguru against her brothers and sister for partition and declaration of rights in respect of properties. The matter came...

High Court

Bombay High Court Allows Amendment in Specific Performance Suit at Appellate Stage — Scope of 'Any Other Relief' Under Section 22(1)(b) of Specific Relief Act, 1963. The court held that the expression 'any other relief to which he may be entitled' in Section 22(1)(b) permits a plaintiff to amend the plaint at the appellate stage to claim mesne profits as an alternative relief when the suit for specific performance is dismissed.

16 Nov 2022

The petitioner, Shabbir Kankaru Inamdar, filed a suit for specific performance of a contract against the respondents, Mirza Salimbeg Jabbarbeg and Mir...

High Court

Bombay High Court Dismisses Suit for Declaration of Trust in Family Property Dispute — Plaintiff Fails to Prove Oral Trust or Fiduciary Relationship Under Indian Trusts Act, 1882. Court holds that mere family relationship does not create a trust and that suit under Section 92 CPC requires specific allegations of breach of trust.

30 Nov -0001

The plaintiff, Sabita Rajesh Narang, filed a suit against her brother Sandeep Gopal Raheja and other family members and companies, seeking a declarati...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was not barred by limitation and that the plaintiffs had established their share in the joint family property under Section 6 of the Hindu Succession Act, 1956.

8 Jul 2020

The case involves a Regular First Appeal filed under Section 96 read with Order XLI Rules 1 and 2 of the Code of Civil Procedure, 1908, against the ju...

Supreme Court

Supreme Court Dismisses Appeals Against High Court Orders Declaring Abatement and Rejecting Substitution in Second Appeal. Non-Substitution of Legal Heir of Co-Appellant Results in Whole Appeal Abating Where Decree is Joint and Indivisible, and Delay Condonation Denied as No Sufficient Cause Shown Under Order XXII CPC and Limitation Act.

1 Jan 1970

The dispute arose from a civil suit for declaration, recovery of possession, and mesne profits regarding a house. The plaintiff claimed exclusive titl...

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