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Supreme Court Sets Aside High Court's Declaration of Right to Appointment as Trustees in Suit Not Complying with Section 92 CPC. Bare Declaration of Right Without Consequential Relief is Barred by Section 42 of Specific Relief Act, 1877.

The case originated from a charitable trust created by a deed of settlement in 1953. The original trustees included the settlor, the fathers of the tw...

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High Court of Karnataka Allows Appeal in Property Injunction Suit — Plaintiff Fails to Prove Possession. Suit for Permanent Injunction Dismissed as Plaintiff's Possession Not Established and Title Not Proven, Relief of Declaration Not Sought.

The appellant, Smt. Sabiha Banu R, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and de...

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Bombay High Court Frames Preliminary Issue of Limitation in Partition Suit Over Property Bequeathed by Will. Plaintiffs Claim Share in Villa Bemvinda and Challenge Development Agreement After Probate Was Granted and Revocation Petition Dismissed.

The dispute arose over Villa Bemvinda, a property in Bandra, Mumbai, originally owned by Andrew D'Cunha. He executed a will on 20.2.1971 bequeathing t...

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High Court Frames Substantial Questions of Law in Second Appeal Involving Exclusive Right to Perform Puja in Privately Owned Temple. Appeal Raises Issues on Admissibility of Old Documents Under Section 90 of Indian Evidence Act and Bar of Suit Under Bombay Hindu Places of Public Worship Act, 1956.

Background: The litigation arose from a dispute between two Hindu communities, the Badaves (plaintiffs) and the Lingayats (defendants), over the right...

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Madras High Court Allows Amendment in Suit for Declaration and Possession — Subsequent Construction by Defendants Constitutes Fresh Cause of Action. Amendment to Include Mandatory Injunction Not Barred by Limitation Under Order VI Rule 17 CPC.

The petitioner filed a suit for declaration and recovery of possession. During the pendency of the suit, the petitioner alleged that the defendants tr...

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Bombay High Court Adjudicates First Appeal Against Dismissal of Suit for Specific Performance. Cross Objection Filed by Defendants Challenges Direction to Repay with Interest.

The matter arose from a suit for specific performance filed by M/s. Gold Touch Real Estate Private Limited, a real estate developer, against six respo...