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Supreme Court Reverses High Court Order Permitting Counter-Claim in Property Dispute -- Counter-Claim After Issues Framed and Against Co-Defendant Held Not Maintainable Under CPC

The Supreme Court reversed the High Court of Gujarat's order that permitted defendant no. 2 to amend his written statement and file a counter-claim in...

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Bombay High Court Dismisses Second Appeals in Property Dispute Over Gadhi and Pit — Construction of Document Exh.76 as Sale Deed Upheld. Both suits for declaration of ownership and injunction dismissed as plaintiffs failed to prove title and possession.

The case involves two second appeals arising from two regular civil suits concerning a common property, a gadhi (ancestral property) and a pit, locate...

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Madras High Court Allows Second Appeal in Land Assignment Dispute — Plaintiff's Title Upheld Based on Valid Government Assignment and Possession. The court restored the trial court's decree of injunction, finding that the lower appellate court's reversal was perverse and not supported by evidence.

The plaintiff, an ex-serviceman, applied for assignment of a poramboke land in 1985. The Collector directed payment, which was made on 16/10/1985. The...

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Bombay High Court at Goa Dismisses Second Appeal in Property Partition Suit — Upholds Concurrent Findings of Courts Below on Joint Family Property and Limitation. The court held that the suit for partition was not barred by limitation and that the property was joint family property, not self-acquired.

The case involves a second appeal filed by the defendants against the judgment and decree of the District Judge, South Goa, Margao, in Regular Civil A...

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High Court of Karnataka Allows Writ Petition Against Dismissal of Obstruction Application in Execution Proceedings — Impugned Order Quashed. Court Held That Executing Court Must Consider Objections of Third Party Obstructor on Merits Under Order XXI Rules 97, 98, and 101 CPC.

The petitioner, Rajesh Enterprises, a partnership firm represented by its partner Naresh Godar Shah, filed a writ petition under Articles 226 and 227 ...

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Madras High Court Dismisses Second Appeal in Partition Suit, Upholding Concurrent Findings of Courts Below. The court held that the appellants, as defendants, failed to prove exclusive title or ouster of co-owners, and the plaintiffs established their half share in the suit properties.

The case involves a partition suit filed by the plaintiffs (respondents) against the defendants (appellants and others) seeking half share in 'A' and ...

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WRIT PETITION NO. 432 OF 2024

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Bombay High Court Dismisses Petition Challenging Injunction Order in Property Dispute Between Co-Owners. Court upholds trial court's discretion to grant temporary injunction restraining alienation of jointly owned properties pending suit for partition and permanent injunction.

The petitioner, Akhil Mansuklal Mehta, and the respondent, Sheetal Deepak Karamchandani, jointly purchased three properties between 1996 and 1998: (1)...