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Bombay High Court Allows Second Appeal in Specific Performance Execution Dispute — Maintainability of Appeal Under Section 47 CPC Clarified. Court holds that an order rejecting objection under Section 47 CPC is a decree appealable under Section 96 CPC, not revisable under Section 115 CPC.

The present second appeal is filed by the appellant, original plaintiff, aggrieved by the judgment and decree passed by the learned District Judge-9 a...

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Bombay High Court Dismisses Second Appeal in Property Title Suit — Concurrent Findings of Fact Not Disturbed. Will Execution Not Proved as Attesting Witnesses Not Examined Under Section 68 of Evidence Act, 1872.

The case involves a second appeal filed by the original plaintiffs against the judgment and decree of the lower appellate court in Regular Civil Appea...

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Bombay High Court Allows Plaintiff's Second Appeal in Property Dispute, Declares Prescriptive Title Over Survey No.85/1. Court holds that continuous possession for over 12 years confers ownership by adverse possession under the Limitation Act, 1963.

The dispute in this second appeal concerns a property admeasuring about 6225 square meters, surveyed under No.85/1, located in Poinguinim village, Can...

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Gujarat High Court Allows Appeal in Property Dispute Case Due to Non-Examination of Key Witness and Adverse Inference Under Section 114(g) of Evidence Act. Sale Deed in Favour of Plaintiffs Proved Valid, Subsequent Transfers by Vendor After Losing Title Held Void.

The present First Appeal under Section 96 of the Code of Civil Procedure, 1908, was filed by the appellants-original plaintiffs challenging the judgme...

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High Court of Karnataka Dismisses Partition Suit for Coparcenary Property Based on Pre-1956 Female Succession. Widow's acquisition of property under Hindu Women's Right to Property Act, 1937 is not a coparcenary asset but her absolute estate under Section 14(1) of Hindu Succession Act, 1956.

The appeal arises from a judgment and decree dated 28.08.2019 in O.S. No. 101/2015 passed by the Principal Senior Civil Judge and CJM, Bagalkot, partl...

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Madras High Court Allows Second Appeal in Property Injunction Suit, Restores Trial Court Decree. Plaintiff's Possession and Title Based on Registered Sale Deed Upheld Against Defendants' Claim of Adverse Possession.

The case involves a second appeal filed by the plaintiff, Selvaraj, against the judgment and decree of the Subordinate Court, Kuzhithurai, which rever...

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Bombay High Court Allows Second Appeal in Partition Suit, Upholds Prior Partition Based on Unequal Division and Subsequent Conduct. Court holds that unequal partition does not invalidate severance of joint status and that subsequent alienations of individual shares indicate acceptance of prior partition.

The case involves a Second Appeal filed by the original defendants against a decree for partition and separate possession granted by the First Appella...

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Supreme Court Dismisses Appeals by Liquidators Challenging Benami Act Attachment Orders, Upholds NCLAT Ruling that IBC Authorities Lack Jurisdiction to Entertain Challenges to Benami Act Orders During Insolvency Proceedings

The Supreme Court dismissed a batch of civil appeals filed by liquidators challenging provisional attachment orders issued under the Prohibition of Be...