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Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court's Decree for Mandatory Injunction. Court holds that the First Appellate Court's finding on possession was perverse and that the suit for mandatory injunction was not barred by laches.

The case involves a second appeal filed by the legal heirs of the original plaintiff, Shri Gurudas Yeshwant Pednekar, against the judgment of the Firs...

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Karnataka High Court Quashes Attachment Order Passed by Executing Court in Execution Case Involving Gratuity Amount. Gratuity Payable Under Payment of Gratuity Act, 1972 Held Exempt from Attachment Under Section 13 Even After Death of Employee.

The present writ petition was filed under Article 227 of the Constitution of India challenging the order dated 03.06.2021 passed by the Principal Civi...

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High Court of Karnataka Delivers Judgment in Regular Second Appeal Under Section 100 CPC Regarding Poojaraki Rights and Injunction. Appeal Filed by Defendants Against Concurrent Decrees of Lower Courts Partly Decreeing Suit for Declaration and Permanent Injunction.

The case concerned a dispute among the Bhavi family members, who are hereditary pujaris of the Prabhudev temple in Terdal, Jamakhandi. The plaintiffs,...

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High Court Sets Aside First Appellate Court Judgment for Non-Compliance with Order 41 Rule 31 CPC in Property Dispute. Failure to Formulate Points and Adjudicate All Issues Renders Judgment Unsustainable; Matter Remanded for Fresh Decision on Title and Adverse Possession.

This second appeal arose from a property dispute over a house on nazul land in Nagpur. The original plaintiff, Jankibai (later substituted by Puniyaba...

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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Upholds Exclusion of 16 Acres from Partition. Court holds that suit for partition of property in exclusive possession of co-owner for over 12 years is barred by limitation under Article 65 of Limitation Act, 1963.

The appellants, plaintiffs in the original suit, filed a suit for partition of suit properties including 16 acres of land in Sy.No.703. The trial cour...