Madras High Court Decides Second Appeal in Property Dispute among Legal Heirs under Section 100 CPC. First Appellate Court's Reversal of Trial Court's Decree Questioned on Substantial Questions of Law.
14 Jul 2026...
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Found 898 result(s)
High Court
High Court of Karnataka Sets Aside First Appellate Court's Decree and Restores Trial Court Dismissal; Adverse Possession Claim Fails as Plaintiff Did Not Admit Defendant's Title and Possession Was Not Hostile
25 Apr 2026The dispute concerned agricultural land bearing Sy.No.113 measuring 8 acres 84 cents in Bellary district. The original plaintiff Smt. Hampamma filed a...
High Court
High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved, Limitation Barred Suit. Plaintiff failed to prove execution of agreement and payment of earnest money; suit filed beyond three years from date of refusal.
29 Apr 2025The present Regular First Appeal arises from a judgment and decree dated 03.08.2022 passed by the Principal Senior Civil Judge and CJM, Dharwad, in O....
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High Court
Madras High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Plaintiff Failed to Prove Readiness and Willingness to Perform Contract for Sale of Agricultural Land.
20 Jan 2025The appellant/plaintiff Palanivel filed a suit for specific performance of an agreement of sale dated February 22, 2008, whereby the first defendant B...
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High Court
Bombay High Court Dismisses Landlord and New Tenant's Revision Petitions in Tenancy Dispute — Upholds Appellate Court's Declaration of Tenancy Rights of Legal Heir. The court held that the Small Causes Court has jurisdiction to entertain a suit by a tenant against a trespasser for possession under Section 33 of the Maharashtra Rent Control Act, 1999.
27 Jun 2024The case involves two Civil Revision Applications filed under Section 115 of the Code of Civil Procedure, 1908, by the original defendant no.1 (landlo...
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High Court
High Court of Karnataka Hears Regular First Appeals Against Trial Court's Part-Decreed Partition Suit. Appeals Challenge Findings on Validity of Wills and Codicils Executed by Parents in Dispute Over Joint Family Properties.
6 Mar 2023The case involved two regular first appeals under Section 96 of the Code of Civil Procedure, 1908, filed against the judgment and decree dated 03.01.2...
High Court
Bombay High Court Dismisses Second Appeal for Specific Performance of Sale of Agricultural Land — Upholds Concurrent Findings of Trial and Appellate Courts. The plaintiff failed to prove readiness and willingness to perform the contract, and the courts below correctly dismissed the suit for specific performance.
8 Jun 2016The appellant (original plaintiff) filed a suit for specific performance of a contract of sale of 6 acres of agricultural land (Gat No. 69/A) situated...
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High Court
Bombay High Court Dismisses Appeal by Legal Heirs in Suit for Declaration of Title by Adverse Possession — Failure to Prove Open and Hostile Possession for Over 30 Years. Plaintiffs Failed to Establish Continuous Possession and Hostile Animus Against the State, and Contradictory Evidence Undermined Adverse Possession Claim Under General Principles of Law.
23 Dec 2015The appeal arose from a suit filed by Shivram Mahadev Shinde (since deceased) claiming title by adverse possession over 25 acres and 12.34 gunthas of ...
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High Court
Bombay High Court Upholds Decree for Specific Performance of Contract in Property Sale Dispute. Suit for specific performance of agreement to sell house decreed as plaintiff proved readiness and willingness to perform her part of contract.
17 Nov 2014The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by original defendant No. 2, Venunath Sambha More, cha...
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High Court
Bombay High Court Allows Summary Judgment in Favor of Contractor for Unpaid Construction Work — Unsupported Denial of Liability and Allegations of Poor Workmanship Do Not Raise Triable Issues Under Order 37 CPC. The court held that a defendant must disclose specific facts to obtain leave to defend; mere allegations without evidence are insufficient.
24 Aug 2012The plaintiff, a sole proprietor of a construction firm, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the de...
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