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High Court of Bombay Dismisses Second Appeal and Upholds First Appellate Court’s Decree for Specific Performance in Property Sale Agreement. Failure to Appoint Guardian-ad-Litem for Minor Defendant and Non-Challenge to Subsequent Sale Deeds Are Key Issues Under Section 100 CPC.

The Second Appeal arose from a suit for specific performance of an agreement to sell immovable property. The plaintiff (respondent no.1) claimed that ...

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Gujarat High Court Allows Appeal in Family Property Dispute — Land Sold Without Consent of Co-Owners. Transfer of Property Act, 1882, Section 44 — Co-owner cannot transfer undivided share to stranger without consent of other co-owners.

The present appeal arises from a judgment and decree dated 27.12.2019 passed by the learned Principal Senior Civil Judge, Umbergaon, in Special Civil ...

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Bombay High Court Dismisses Second Appeals in Rent Control Cases, Upholds Appellate Court's Finding of No Tenancy. Landlord's Suit for Possession Fails as Tenant Proves Payment of Rent and Absence of Valid Termination Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The appellant, Radhyesham Ramkaran Choube, filed four second appeals (Second Appeal Nos. 4, 8, 11, and 16 of 2002) against a common judgment dated 10....

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and concurrent.

The case involves a second appeal filed by the defendants (appellants) against the judgment and decree dated 12.4.2005 passed by the First Additional ...

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Bombay High Court Dismisses Appeal by Original Defendants Against Restoration of Plaint in Title Dispute. The Court Held That Civil Court Jurisdiction to Adjudicate Title is Not Ousted by Indian Succession Act, 1925 or Bombay Regulation, 1827, as Heirship Certificate Confers No Right to Property.

The appeal arose from an order of the lower appellate court setting aside the rejection of a plaint and restoring a civil suit. The original defendant...

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Karnataka High Court Hears Regular First Appeal Against Dismissal of Suit for Declaration and Partition — Judgment Details Not Fully Extracted. The appeal challenges trial court's rejection of plaintiffs' claim of ownership and alternative partition.

Background: The dispute involved family members over properties standing in the name of the first defendant, Smt. N. Narasamma, who is the mother of t...

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Madras High Court Dismisses Second Appeal in Property Partition Suit — Confirms Concurrent Findings on Possession and Title. Preliminary decree for partition of 40 cents on eastern side upheld as plaintiff proved prior possession and joint ownership of well.

The second appeal was filed by the defendants against the concurrent judgments of the trial court and first appellate court in a suit for declaration ...

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Supreme Court Allows Appeal in Adverse Possession Case — Declares Plaintiff Owner of Encroached Land. Court Holds That Mere Long Possession Without Hostility and Knowledge Does Not Confer Title by Adverse Possession Under Limitation Act, 1963.

The appellant, Mallikarjunaiah, filed a civil suit seeking declaration of title and injunction in respect of certain agricultural lands, including 1 G...