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High Court of Karnataka Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Courts Below. Suit for Declaration of Title and Injunction Dismissed as Plaintiff Failed to Prove Ownership and Possession Over Suit Property.

The case involves two regular second appeals filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated ...

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Bombay High Court Partly Allows Appeal in Specific Performance Suit, Orders Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness, but defendants cannot forfeit earnest money without proof of loss.

The original plaintiff filed a suit for specific performance of an agreement to sell dated 20.02.2008 in respect of a suit property admeasuring 70,000...

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Bombay High Court Dismisses Tenant's Petition in Eviction Case Under Bombay Rent Act for Encroachment and Change of User. Concurrent findings of fact on grounds under Section 13(1)(c) and Section 13(1)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1974 upheld.

The petitioner, Laxmibai Ganpati Bhingare, was the tenant of an open plot admeasuring 30 sq.ft x 20 sq.ft in Sangli, owned by the respondent, Shivaji ...

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High Court of Karnataka Allows Second Appeal in Suit for Permanent Injunction — First Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence. Adverse Possession Claim Fails as Appellants Failed to Prove Continuous Hostile Possession for Over 12 Years Under Section 100 CPC.

The present appeal under Section 100 of the Code of Civil Procedure, 1908, arises from a suit for permanent injunction filed by the original plaintiff...

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Bombay High Court Allows Second Appeal in Property Dispute, Sets Aside Concurrent Findings for Non-Compliance of Order 7 Rule 3 CPC. Court Holds That Non-Filing of Plan/Sketch with Plaint Is Not Fatal If Encroachment Can Be Identified Through Other Evidence.

The appellant, Pratapsingh Raoji Rane, filed a suit for mandatory injunction against the respondents, Jitendra Zoiba Rane and others, alleging encroac...

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Bombay High Court Dismisses Revision Against Rejection of Application Under Order VII Rule 11 CPC in Suit for Possession and Removal of Obstruction. Earlier Suit Withdrawn Without Liberty to File Fresh Suit Does Not Bar Subsequent Suit if Cause of Action is Different.

The revision application was filed by the original defendant No.1 against the order of the Jt. Civil Judge, Junior Division, Gangapur, dismissing his ...

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Bombay High Court Dismisses Appeal in Construction Dispute — No Sanction Order Existed, No Estoppel Against Corporation. Plaintiffs failed to prove deemed sanction under Section 264 of Maharashtra Municipal Corporations Act, 1949 as no formal order was passed and no notice of revocation was issued.

The appellants, original plaintiffs, owned plot nos. 71/72, 70/2 and 70/3 on Sheet No. 67-D at Amravati. They filed Regular Civil Suit No. 193 of 1988...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The case arises from a second appeal filed by the original plaintiffs (appellants) against the dismissal of their suit for possession of agricultural ...