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Supreme Court Grants Leave in Civil Appeals Challenging High Court's Reversal of Temporary Injunction. Appeals Concern Whether Division Bench Was Justified in Substituting Its View Under Order XLIII Rule 1(r) CPC Despite Settled Principles on Appellate Review of Discretionary Orders.

The Supreme Court of India granted leave in civil appeals arising from special leave petitions challenging a Division Bench judgment of the Delhi High...

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Bombay High Court Dismisses Second Appeal in Land Acquisition Case — Suit Barred by Limitation and Res Judicata. Appellants' challenge to 1965 acquisition notification filed in 1992 held time-barred under Article 58 of Limitation Act, 1963 and earlier writ petition dismissal operates as res judicata.

The appellants, original plaintiffs, filed a suit in 1992 seeking declaration of title and permanent injunction in respect of two suit properties bear...

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Bombay High Court Allows Withdrawal of Deposited Amount in Summary Suit for Recovery of Debt. Plaintiff entitled to withdraw amount deposited by defendant as condition for leave to defend, subject to furnishing security.

The plaintiff, SKF India Ltd., filed a summary suit against the defendant, Banarasi Lal Madan, for recovery of Rs. 1,28,80,060.87 based on invoices, a...

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Madras High Court Allows Second Appeal in Property Injunction Suit — Concurrent Findings Set Aside Due to Lack of Evidence of Title and Possession. Family Arrangement and Adverse Possession Claims Fail as Plaintiffs Failed to Prove Possession and Necessary Parties Were Not Impleaded.

The case involves a Second Appeal filed by the defendant Selvaraj against the concurrent judgments of the Trial Court and First Appellate Court which ...

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High Court of Karnataka Dismisses Appeal in Property Dispute — Plaintiff Fails to Prove Possession and Title Against Society and Purchaser. The court held that the plaintiff cannot seek a declaration without establishing his own title, and that mere filing of a suit does not prove possession.

The appellant, S. Nanjappa, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated ...

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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Summary Suit — Defendant Failed to Show Sufficient Cause for Non-Appearance. Order XXXVII Rule 4 CPC Requires Strict Compliance with Conditions for Setting Aside Ex-Parte Decree.

The appellant, Purnendu Shekharmal Jain, was the original defendant in Summary Suit No. 2539 of 2012 filed by M/s ACG Associated Capsules P Ltd. An ex...