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Bombay High Court Allows Appeal in Partition Suit — Gift Deed Not Challenged, No Cause of Action for Partition. Suit for partition without seeking cancellation of registered gift deed is not maintainable under Order 7 Rule 11 CPC.

The appeal arises from a dispute between two real brothers over a house property. The respondent (original plaintiff) and appellant (original defendan...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Summary Suit for Recovery of Money. Order 6 Rule 2(3) CPC does not require dates and sums in figures and words in plaint, and Order 37 Rule 2 CPC does not mandate separate verification.

The present Civil Revision Application was filed by the applicants (original defendants) against the order dated 07/11/2022 passed by the 14th Joint C...

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High Court of Karnataka Dismisses Appeals in Property Declaration Suits — Concurrent Findings of Fact Not Interfered With. Appellants failed to prove title and possession; no substantial question of law arose under Section 100 CPC.

The judgment pertains to two Regular First Appeals (R.F.A.No.784/2013 and R.F.A.No.785/2013) filed under Section 96 read with Order 41 Rule 1 of the C...

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Bombay High Court Dismisses Appeal in Suit for Specific Performance — Limitation Bar Not Decided at Plaint Stage. Question of limitation is a mixed question of law and fact requiring trial under Order 7 Rule 11(d) CPC.

The present appeal arises from a suit filed by the predecessor of respondent Nos. 1(i) to 1(iii) (the plaintiff) against the appellants (defendants) s...

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Bombay High Court Dismisses Petition Challenging Eviction Order Under Maharashtra Rent Control Act. Competent Authority's Order for Possession Upheld Due to Non-Payment of Rent and Unauthorized Subletting.

The petitioner, AMI Merchandising Pvt. Ltd., filed a writ petition under Article 227 of the Constitution challenging the judgment and order dated 14/0...

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Bombay High Court Dismisses Plaintiff's Claim for Short-Landed Cargo Due to Lack of Evidence and Limitation. The court held that the plaintiff failed to prove that the consignment was loaded on board the vessel and that the suit was barred by limitation under the Indian Carriage of Goods by Sea Act, 1925.

The plaintiff, Wallace Pharmaceuticals Pvt. Ltd., filed a suit for recovery of US$154,000 representing the CIF value of 40 drums of Lincomycin HCL BP ...

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Bombay High Court Dismisses Appeal in Will Execution Case — Upholds Trial Court's Finding of Suspicious Circumstances. Execution of Will Not Proved as Attesting Witnesses Not Examined and Propounder Failed to Dispel Suspicious Circumstances Under Section 63 of Indian Succession Act, 1925.

The appellant, Mr. Anthony Edward D'Aguiar, filed a First Appeal before the Bombay High Court against the judgment and decree dated 30th April 2012 pa...