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High Court of Karnataka Dismisses Second Appeal in Property Suit — Plaintiff Fails to Prove Title and Possession. Co-owner Cannot Claim Adverse Possession Against Another Co-owner Without Ouster Under Section 100 CPC.

The appellant, Suresh Chatra, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree da...

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Bombay High Court Dismisses Tenant Company's Revision Against Jurisdiction Under PSCC Act. Company Failed to Prove Paid-Up Share Capital Below Rs.1 Crore to Avail Protection Under Maharashtra Rent Control Act, 1999.

The dispute arose from a suit for possession filed by the original plaintiffs (respondents 1 to 12) against M/s. New Era Fabrics Ltd., the original de...

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Bombay High Court Allows Appeal in Property Dispute — Consent Terms Not Binding on Applicants Under Order 21 Rule 99 CPC. Court holds that applicants who were not parties to consent terms are entitled to restoration of possession or alternative accommodation.

The case involves an appeal filed by the plaintiffs (appellants) against an order of a learned single Judge in a Chamber Summons taken out by Responde...

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Bombay High Court Dismisses Appeal by Obstructionists in Execution of Possession Decree — Upholds Order for Removal of Obstruction Under Order XXI Rule 97 CPC. Decree for possession passed in 1964 suit; obstructionists claiming independent title failed to prove possession prior to decree.

The appeal arose from an order in Chamber Summons No. 597 of 1996 in B.C.C.C. Suit No. 2056 of 1964, decided by the City Civil Court on 24.4.1998. The...

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Bombay High Court Dismisses Tenant's Revision in Eviction Suit — Partnership Firm Not a Necessary Party Under Order 30 CPC. The court held that Order 30 Rule 1 CPC is permissive and non-joinder of a partnership firm does not vitiate eviction proceedings against individual partners.

The applicant, a tenant (son of the original tenant), filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (CPC) ...

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Bombay High Court Dismisses Revision Against Waqf Tribunal Order, Upholds Concurrent Findings on Waqf Property. Court holds that Civil Court has no jurisdiction to entertain suit regarding waqf property in view of Section 85 of the Maharashtra Waqf Act, 1995.

The applicant, Linker Shelter Pvt. Ltd., filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the or...