Search Results for "Joint decree"

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Bombay High Court Dismisses Appeals in Property Dispute, Upholds Concurrent Findings on Declaration, Injunction, and Redemption of Mortgage. Court holds that second appeal under Section 100 CPC cannot be entertained on concurrent findings of fact unless substantial question of law arises.

The judgment pertains to two second appeals arising from the same parties and property. Second Appeal No.477 of 2017 was filed by the original plainti...

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"Bombay High Court Dismisses Chamber Summons Filed to Introduce Additional Evidence in Appeal Related to Specific Performance" "Court emphasizes the discretionary nature of Order 41 Rule 27 CPC and deters misuse aimed at prolonging litigation."

The Bombay High Court dismissed a Chamber Summons filed under Order 41 Rule 27(1)(aa) of the CPC by the Appellants seeking to produce additional evide...

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Bombay High Court Allows Second Appeal Due to Procedural Error in Not Framing Points for Determination by Lower Appellate Court. Partition Decree Set Aside and Remanded for Fresh Disposal Under Order 41 Rule 31 CPC.

The case arises from a partition suit (Regular Civil Suit No.4 of 1986) filed by the respondents (original plaintiffs) against the appellant (original...

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Supreme Court Dismisses Appeal in Partition Suit, Upholds Finding That Properties Were Self-Acquired by Sons, Not Benami. Benami Transactions (Prohibition) Act, 1988 Held Retroactive, Barring Claim Based on Benami Nature.

The present appeal arises from a partition suit filed by Smt. P. Leelavathi (since deceased, represented by legal heirs) against her brothers, the ori...

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Bombay High Court Dismisses Daughter's Appeal in Property Dispute, Upholds Eviction Decree. Daughter's claim of ownership and tenancy rights in suit flat rejected as she failed to prove independent title or landlord's consent.

The case involves two appeals arising from property disputes over Flat No. 9, Matru Chhaya Building, Marine Drive, Mumbai. The appellant, Ms. Smita P....

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Family Property Dispute. Court Upholds Arbitrator's Findings of Fact Under Section 34 of Arbitration and Conciliation Act, 1996, Holding That Interference Is Not Warranted Unless Award Is Perverse or Contrary to Public Policy.

The present writ petition under Article 227 of the Constitution of India was filed by the petitioners, who are legal representatives of the original p...

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Bombay High Court Dismisses Second Appeals in Possession Suit — Lease Deed Not Proved, No Tenancy Rights. Gift Deed Valid, Landlord's Title Not Challenged, Eviction Upheld.

The case involves two second appeals arising from a suit for possession filed by the respondent-landlord against the appellants-tenants. The property ...