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Search Results for "property title dispute"

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High Court

Bombay High Court Dismisses Second Appeals in Property Dispute Over Sale Deed Validity — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court Held That No Substantial Question of Law Arises When Findings Are Based on Appreciation of Evidence and Are Not Perverse.

5 May 2014

The case involves two second appeals arising from a property dispute. The appellants, Rambhau Maroti Fating and others, and M/s L.G. Developers & Buil...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Dispute — Upholds First Appellate Court's Declaration of Ownership Based on Adverse Possession and Valid Title. Concurrent findings of fact not interfered with under Section 100 CPC as no substantial question of law arose.

14 Nov 2025

The case involves a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, by the appellant (defendant in the original su...

High Court

Bombay High Court Allows Second Appeal in Suit for Permanent Injunction Due to Misapplication of Order 7 Rule 3 CPC — Trial Court Erred in Dismissing Suit for Property Description Mismatch Without Considering Evidence of Possession and Title. The High Court held that the courts below misapplied Order 7 Rule 3 CPC as the plaintiff had established purchase and possession of the suit property.

3 Jan 2020

The appellant, original plaintiff, filed a suit for permanent injunction to restrain the defendants from obstructing her cultivating possession over s...

High Court

Gujarat High Court Allows Appeal Against Rejection of Plaint in Specific Performance Suit — Limitation Period Runs from Date of Knowledge of Breach. Agreement to Sell Executed in 2014, Suit Filed in 2024 Held Not Ex-Facie Time-Barred as Plaintiff Discovered Sale to Third Parties Only on 17.01.2024.

23 Mar 2026

The appellant-plaintiff filed a suit for specific performance of an agreement to sell dated 03.05.2014 for land bearing Survey No.914/2/3 at Mouje Vat...

High Court

Bombay High Court Considers Writ Petition Challenging Estate Officer’s Jurisdiction Under PP Act Against SARFAESI Possession. Asset Reconstruction Company Asserts SARFAESI Act Overrides PP Act, Requiring Landlord to Approach Debt Recovery Tribunal.

24 Aug 2016

The writ petitioner, an Asset Reconstruction Company incorporated under the Companies Act, 1956 and registered under the SARFAESI Act, challenged the ...

High Court

Bombay High Court Allows Second Appeal in Property Dispute — Finds Concurrent Findings Not Perverse. The Court held that the compromise decree in earlier suit operated as res judicata and that the defendants failed to prove adverse possession.

30 Nov -0001

The case involves a second appeal filed by the defendants-appellants against the judgment and decree of the District Judge, Solapur, confirming the de...

High Court

Bombay High Court Dismisses Appeal Against Injunction in Property Dispute Over Development Rights — Agreement for Sale Not Enforceable Without Registered Conveyance Deed.

30 Nov -0001

The appeal arises from a suit filed by the original plaintiff, Smt. Nirmala Dhandukhlal Thakkar, seeking a permanent injunction restraining the appell...

High Court

Bombay High Court Dismisses Civil Revision Application in Rent Control Dispute — Lease Deed Not Required to Be Registered Under Section 107 of Transfer of Property Act, 1882 for Monthly Tenancy. Tenant's Possession Held to Be Lawful Under Agreement of Lease, Not Liable for Eviction.

5 Apr 2019

The plaintiff, Mahendra Valji Rathod, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the judgm...

High Court

High Court of Karnataka Dismisses Plaintiff's Writ Petition Challenging Rejection of Application for Appointment of Commissioner in Suit for Specific Performance. Court holds that appointment of commissioner for measurement of suit property is not permissible under Order 26 Rule 9 CPC when the purpose is to collect evidence for proving the case, as the commissioner's role is limited to elucidating matters already in issue.

23 Oct 2018

The petitioner, Mallappa, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 02.03.2015 passed b...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit Between Brothers — Unregistered Memorandum of Partition Admissible to Prove Nature of Possession. The court held that an unregistered partition deed, though required to be registered under Section 17 of the Registration Act, 1908, is admissible under the proviso to Section 49 to prove the nature and character of possession as a collateral transaction.

26 Sep 2016

The dispute in this second appeal arises between two real brothers over a suit plot and house at Subhash Nagar, Nagpur. The plaintiff-respondent (sinc...

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