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Bombay High Court Allows Appeal in Trust Property Dispute — Possession of Suit Plot Not Acquired by Government. Land Acquisition Proceedings Did Not Include the Suit Plot, Hence Government Cannot Claim Title or Possession Without Proper Acquisition Under Land Acquisition Act, 1894.

The appeal arises from a judgment and decree dated 25.9.1995 of the Civil Judge, Senior Division, Yavatmal, dismissing Special Civil Suit No.86/1994 f...

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High Court of Judicature at Bombay Nagpur Bench Dismisses Second Appeal in Motor Vehicle Tax Recovery Suit Holding Civil Court Jurisdiction Impliedly Barred. Suit Against State Authorities Barred by Order 9 Rule 9 CPC and Alternate Remedy Under Bombay Motor Vehicle Taxes Act, 1958 Precludes Civil Suit.

The second appeal arose from a suit filed by M/s Pandurang & Krishnarao Co., the owner of a truck, which was sold to defendant no.4 and subsequently t...

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Bombay High Court Allows Second Appeal in Property Gift Dispute — Father's Power to Gift Ancestral Property Upheld. Compromise Decree Based on Gift Not Challenged, First Appellate Court Erred in Considering Irrelevant Factors.

The appellant, Mubarak S/o Badesab Mulla, filed Regular Civil Suit No.103 of 2007 seeking a declaration of ownership and perpetual injunction regardin...

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Bombay High Court Allows Second Appeal in Property Suit, Remands for Fresh Disposal on Merits. Lower Appellate Court Failed to Decide Appeal on Merits, Violating Duty Under Section 96 CPC.

The appellant-plaintiff filed a second appeal before the Bombay High Court against the judgment and decree of the lower appellate court which had dism...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Plaintiff's Title Based on Registered Deed. Registered document prevails over unregistered agreement; possession ordered to be handed over to the plaintiff.

The case involves a dispute over a flat in Pune. The plaintiff, Nanda Madhukar Yene, claimed she purchased the suit flat and obtained a registered Dee...

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Madras High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Fact. Sale Deed Challenged as Forged Held Valid Based on Evidence and Adverse Possession.

The case involves two second appeals arising from property disputes between the appellants (plaintiffs in O.S.No.4381 of 2011) and the respondents (de...

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Bombay High Court Dismisses Appeal Against Order Holding Notice of Motion Under Order IX Rule 9 CPC Not Maintainable. Suit Dismissed Under Order XVII Rule 2 CPC on Merits Cannot Be Restored Under Order IX Rule 9; Proper Remedy Is Appeal.

The appellants, original plaintiffs, filed a suit which was dismissed by the City Civil Court on 13th August 1996. The dismissal was under Order XVII ...