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Bombay High Court Allows Second Appeal in Mundkar Property Dispute — Civil Court Lacks Jurisdiction Over Mundkar Status Under Section 31(2) of Goa Daman and Diu Mundkar (Protection from Eviction) Act, 1975. Mandatory Injunction for Demolition Set Aside as Suit Partly Barred by Limitation.

The case involves a Second Appeal filed by the defendants against the judgment and decree of the lower appellate court in a suit for demolition of str...

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High Court of Karnataka Dismisses Appeal for Non-Prosecution in Partition Suit — Appellant Absent Despite Adjournments. Failure to Appear Leads to Dismissal Under Order XLI Rule 17 CPC.

The appellant, Domegunta Venkatasesha Reddy, filed a Regular First Appeal under the Partition Act before the High Court of Karnataka at Bengaluru agai...

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Bombay High Court Allows Appeal in Commercial Contract Dispute — Remands Suit for Fresh Consideration on Merits. Failure to Frame Issues and Conduct Trial Rendered Decree Unsustainable Under Order 41 Rule 23 CPC.

The present Commercial Appeal arises from a judgment and decree dated 09/08/2019 passed by the learned District Judge-1, Jalna, in Commercial Suit No....

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Supreme Court Reviews Remand of Property Item in Partition Suit Under Limitation Act and CPC. Court References Precedents Requiring First Appellate Court to Decide on Available Material Rather Than Remand Under Order 41 Rule 23 CPC.

Background: The dispute arose from a suit for partition and declaration concerning ancestral properties of a Hindu Undivided Family. The Appellant, Sh...

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Bombay High Court at Goa Allows Appeal Against Rejection of Plaint in Suit for Declaration and Injunction. Court holds that the trial court erred in rejecting the plaint under Order 7 Rule 11(d) CPC without considering the plaintiffs' claim of possession and the pending amendment application.

The appellants, plaintiffs in Special Civil Suit No. 220/1993/A, filed a suit for declaration and injunction in 1993, claiming ownership and possessio...

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Gujarat High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Suit Challenging 1973 Sale Deeds. Plaint Discloses Cause of Action and Limitation is Mixed Question of Fact and Law Under Order VII Rule 11(d) CPC.

The case involves a civil revision application filed by the defendants (applicants) in Regular Civil Suit No.140 of 2022, challenging the order dated ...

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Bombay High Court Partially Dismisses Petition Challenging Rejection of Amendment in Partition Suit — Amendment Sought After Commencement of Trial Disallowed as It Would Change Nature of Suit Under Order VI Rule 17 CPC

The petitioner, Raju Danchand Bardia, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 13th October 202...