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Bombay High Court Dismisses Petitions Challenging Executing Court's Refusal to Stay Execution in Mundkar Rights Claim. Court holds that mere filing of a declaration suit before Mamlatdar does not create a right to stay execution proceedings under Order XXI Rule 97, 99, 101 CPC.

The petitioners, Lawrance Pereira and Juliana Pereira, filed Writ Petition No. 611 of 2023 challenging the order dated 06.09.2023 passed by the Execut...

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Bombay High Court Allows Second Appeal in Part, Upholds Legitimacy of Children Born from Void Marriage Under Portuguese Family Laws. Article 31 of Law of Marriage No.1 Protects Legitimacy of Children Despite Void Marriage, Setting Aside Decree Invalidating Their Legitimisation.

The case involves a second appeal before the High Court of Bombay at Goa arising from a suit filed by the respondent/original plaintiff (Smt. Aidem Na...

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High Court of Karnataka Dismisses Appeals in Property Dispute, Upholds Trial Court's Partial Decree for Declaration, Injunction, and Partition. Appellants failed to prove title and possession over suit property, and trial court's findings were based on proper appreciation of evidence under Section 96 CPC.

The case involves two Regular First Appeals filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 26.02.2...

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High Court of Karnataka Allows Second Appeal in Property Dispute — Sale Deed Valid Despite Non-Examination of Attesting Witness. Execution of sale deed can be proved by other evidence under Section 68 of Indian Evidence Act, 1872 when attesting witness is dead.

The appellant-plaintiff, Sri Thammaiah, filed a suit for declaration of title and permanent injunction (later amended to possession) in respect of sui...

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

The appellants, plaintiffs in the original suit, filed a regular second appeal under Section 100 of the Code of Civil Procedure, 1908, against the jud...

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Bombay High Court Hears Combined Second Appeals in Property Dispute Involving Individual and Charity. Substantial Questions of Law Frame the Priority of Gift Deed Over Sale Deed and Effect of Pending Litigation.

The judgment pertains to two second appeals preferred before the High Court of Judicature at Bombay, Aurangabad Bench, arising out of two civil suits ...

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Bombay High Court Allows Appeal Against Remand Order in Property Dispute Over Well Ownership and Construction Obstruction. Lower Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23 CPC by Remanding Without Finding on Preliminary Point.

The appellant-defendant appealed against the judgment and order dated 27 November 2020 passed by the learned Principal District Judge, Amravati, in Re...

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Bombay High Court Dismisses Tenant's Writ Petition in Rent Default and Subletting Case — Concurrent Findings of Fact Not Disturbed Under Article 227. Consent Decree Rent Treated as Standard Rent; Subletting Proved by Documentary Evidence.

The petitioner, a partnership firm, was a tenant in a building owned by the respondents. The building was demolished and reconstructed, and the tenant...