Search Results for "Section 100 CPC"

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Search Results for "Section 100 CPC"

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High Court

High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Partition and Separate Possession of Half Share in Joint Family Properties Dismissed as Appellant Failed to Prove Substantial Question of Law.

15 Jun 2023

The respondent-plaintiff filed a suit for partition and separate possession of her half share in the suit schedule properties against the appellant-de...

High Court

Bombay High Court Allows Second Appeal in Land Possession Suit — Finds Concurrent Findings of Courts Below Suffer from Material Irregularities and Perversity. Suit for Possession of 12 Gunthas of Land Dismissed as Plaintiff Failed to Prove Title and Possession Within Limitation Under Article 65 of Limitation Act, 1963.

31 Aug 2006

The case involves a second appeal filed by the original defendants against the concurrent decrees of the trial court and the first appellate court, wh...

High Court

High Court of Karnataka Allows Second Appeal in Property Dispute Against Municipal Council — Limitation for Suit by Tenant Against Landlord Not Applicable to Suit for Injunction Against Municipal Council. The suit for permanent injunction against municipal council for interference with possession is governed by Article 58 of Limitation Act, 1963, and limitation begins when right to sue accrues, not from date of alleged encroachment.

17 Nov 2023

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) arises from a suit for permanent injunction filed by th...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

15 Dec 2022

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) was filed by the appellants (legal representatives of t...

High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner in possession of joint family property cannot claim adverse possession against other co-owners unless there is ouster or denial of title.

27 Sep 2022

The case involves a second appeal filed by the legal heirs of the original defendant No.1 (since deceased) against the judgment and decree dated 01.10...

High Court

Bombay High Court Dismisses Second Appeals in Property Dispute — Concurrent Findings of Fact Upheld. No Substantial Question of Law Found Under Section 100 CPC as Plaintiffs Failed to Prove Title and Possession.

30 Nov -0001

The case involves two second appeals filed under Section 100 of the Code of Civil Procedure, 1908, arising from a suit for declaration of title and pe...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Interfered With. Appellant's claim of tenancy and adverse possession rejected as not proved.

24 Jun 2013

The case involves a second appeal filed by Dhondiba Namdeorao Bhosale, original defendant No.6, against the judgment and decree passed by the District...

High Court

Bombay High Court Dismisses Second Appeal as Not Maintainable Against Order of Abatement of Suit. Order dismissing substitution application and holding suit abated is not a 'decree' under Section 2(2) CPC, hence no second appeal lies under Section 100 CPC.

24 Nov 2005

The appellant, plaintiff no.1, filed a second appeal against an order of the Additional District Judge which affirmed the trial court's order dismissi...

High Court

Bombay High Court Dismisses Second Appeal as Not Maintainable in Hindu Marriage Act Case — Only First Appeal Lies to High Court Under Section 28 of Hindu Marriage Act, 1955. Notification Under Section 3(b) Vesting Powers of District Judge in Civil Judge Does Not Confer Right of Second Appeal Under Section 100 CPC.

4 May 2005

The appellant, Anil Narayan Mhatre, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against a decree passed by the Civil...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Concurrent Findings on Oral Partition. Court holds that finding of oral partition in 1958 was perverse and that the Appellate Court erred in assuming that the eldest son acted as Karta during father's lifetime.

10 Mar 2005

The case involves a second appeal arising from a partition suit. The appellants, legal representatives of the original plaintiff Shankar Ganpati Jagta...

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