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Karnataka High Court Sets Aside Summons to Witness for Production of Title Deeds in Civil Suit — Witness Not Obliged to Produce Documents Not in His Possession or Power. Order 16 Rule 6 CPC Requires Court to Be Satisfied That Documents Are in Possession or Power of Witness Before Issuing Summons.

The petitioner, G B Vijaykumar, was a witness in a civil suit O.S. No. 2216/2005 pending before the XXIV Addl. City Civil and Sessions Judge, Bangalor...

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High Court of Karnataka Dismisses Appeals in Property Declaration Suit — Upholds Trial Court Decree Based on Adverse Possession and Valid Title. Concurrent findings of fact regarding possession and title cannot be disturbed in appeal without substantial error.

The case involves two Regular First Appeals (RFA No.429/2003 and RFA No.506/2003) filed against the judgment and decree dated 13.1.2003 passed by the ...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement to Sell Not Proved and Suit Barred by Limitation. Plaintiff failed to prove execution of agreement and suit was filed beyond three years from notice of refusal under Article 54 of Limitation Act, 1963.

The appellant, Sandeep Kashinath Parab, filed a suit for specific performance of an agreement to sell dated 15/06/1998 allegedly executed by the respo...

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High Court of Bombay Allows Second Appeal in Evacuee Property and Tenancy Rights Dispute. Civil Court Jurisdiction Not Barred Where Procedural Violations Under Section 12 of Administration of Evacuee Property Act, 1950 Alleged and Injunction Could Have Been Granted to Tenant Purchaser.

The litigation arose from a dispute over agricultural land bearing Survey No. 316/1 (Gat No.807/1) at Mouza Ghusar, Tahsil Akola, involving competing ...

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Supreme Court Allows State's Appeal in Temple Land Dispute Over Alagar Hills Reserved Forest. The Court held that the notification under Section 25 of the Madras Forest Act, 1882 was valid and the temple failed to prove title over the forest area.

The dispute pertained to the ownership of Alagar Hills, a forest area in Tamil Nadu. The temple, Arulmighu Kallalagar Thirukoil, and its devotees file...