Search Results for "Section 100 CPC"

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Bombay High Court Dismisses Second Appeals in Specific Performance Suit — No Substantial Question of Law Arises. Court declines to frame substantial questions of law under Section 100 CPC as findings of fact by lower appellate court were not shown to be perverse.

The appellants, original plaintiffs, filed two second appeals against the judgment and decree of the lower appellate court in a suit for specific perf...

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High Court of Karnataka Dismisses Regular Second Appeal as Settled Out of Court — Parties File Joint Memo for Disposal. Appeal under Section 100 CPC disposed of as settled without adjudication on merits.

The Regular Second Appeal No.185 of 2009 was filed by the appellants (legal representatives of the deceased original appellant H.R. Rangaiah) against ...

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Bombay High Court Allows Conversion of Writ Petition into Second Appeal in Order VII Rule 11 CPC Rejection Case. Dismissal of Delay Condonation Petition in First Appeal Must Be Challenged by Second Appeal Under Section 100 CPC, Not Revision Under Article 227.

The petitioner, as plaintiff, filed a suit for declaration and injunction. The trial court rejected the plaint under Order VII Rule 11(a) and (d) CPC....

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Bombay High Court Upholds Specific Performance Decree Based on Oral Agreement — Concurrent Findings of Fact Not Interfered With in Second Appeal. Oral Agreement for Sale of Immovable Property Proved by Evidence; Written Document Dated 31.12.1973 Did Not Supersede Earlier Oral Agreement.

The case involves a second appeal filed by the defendants challenging concurrent judgments and decrees passed for specific performance of an agreement...

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Bombay High Court Allows Second Appeal in Property Dispute — Reverses Appellate Court's Perverse Findings. The Court held that the Appellate Court failed to consider the registered sale deed and revenue entries, leading to a perverse finding that warranted interference under Section 100 CPC.

The original plaintiff, Parmanand Gopalrao Kesari (since deceased, represented by legal representatives), filed a suit for declaration of ownership an...

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Bombay High Court Dismisses Second Appeals by Developer in Possession Suits — Concurrent Findings of Fact Cannot Be Reopened Under Section 100 CPC. Suits for possession based on title and prior possession were decreed; no substantial question of law arose.

The appellant, M/s. Samruddhi Developers, a partnership firm, filed four second appeals under Section 100 of the Code of Civil Procedure, 1908, challe...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Suit for partition and separate possession of ancestral property dismissed as barred by limitation and adverse possession established by defendants.

The appellant, Rajkumar Chaganlal Shah, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree ...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession.

The present second appeal arises out of a civil suit for declaration of ownership and permanent injunction filed by the original plaintiffs (now appel...