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High Court of Karnataka Dismisses Writ Petition Challenging Order in Final Decree Proceedings — Court Holds That Application Under Section 151 CPC Read with Sections 3 and 4 of the Partition Act for Considering Earlier Applications Is Maintainable and Not Barred by Res Judicata.

The writ petition was filed by the petitioners (Mukunda Rao and Venkatesh Rao) challenging the order dated 25.10.2021 passed by the Principal Senior C...

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Bombay High Court Dismisses Revision and Writ Petitions in Property Dispute, Upholding Appointment of Court Receiver. Court holds that disputes regarding title and possession cannot be decided in summary proceedings and that appointment of receiver is a discretionary remedy to preserve property.

The judgment arises from a property dispute concerning a piece of land in Mumbai. The original plaintiff, Amedmal Bhatewada (since deceased), filed a ...

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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.

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...

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Bombay High Court at Goa Partially Allows State Appeal in Land Acquisition Compensation Case — Reduces Rate from Rs.350 to Rs.200 per sq.metre. Court applies 10% deduction for development charges and rejects reliance on sale deeds of undivided shares in distant villages.

The State of Goa and the Chief Electrical Engineer appealed against the judgment and award dated 20.1.2003 passed by the District Judge, North Goa, Pa...

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Bombay High Court at Goa Dismisses Petition Challenging Reference of Tenancy Claim to Mamlatdar in Partition Suit. Civil Court's Order to Refer Tenancy Dispute to Mamlatdar Under Section 7 of Goa, Daman and Diu Agricultural Tenancy Act, 1964 Upheld as Proper Exercise of Jurisdiction.

The petitioners, plaintiffs in Regular Civil Suit No.45/04 for partition of property surveyed under No.137/2 of Bordem Village, challenged the order d...