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Karnataka High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when courts below concurrently found that suit property was joint family property and plaintiffs proved their share.

The case pertains to a second appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 09.01.1996 pa...

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High Court of Judicature at Bombay Upholds Rejection of Change of Use Application for Stilt Parking Area under MRTP Act. Court rules that use of stilt area in cinema building cannot be changed without prior permission from planning authority as per sanctioned plan.

The dispute pertained to a writ petition filed by the petitioners, who claimed tenancy rights over a 2520 sq. ft. area in the Ganga-Jamuna Cinemas bui...

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Supreme Court Dismisses Appeal in Lease Renewal Case Due to Failure to Exercise Option Within Stipulated Time. Time Held to Be Essence of Contract in Option for Renewal of Lease; Equity Does Not Relieve Tenant from Own Neglect Absent Special Circumstances.

The dispute arose from a lease of land in Calcutta where the appellant, Caltex (India) Ltd., held a ten-year lease from the respondent, Bhagwan Devi M...

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High Court of Bombay at Goa Quashes Trial Court Order Refusing Consent Decree in Partition Suit Under Order 23 Rule 3 CPC. Consent Terms Covering Properties Beyond Suit Property Are Lawful and Do Not Require Proof of Title; Trial Court Directed to Pass Decree Within One Month.

The High Court of Bombay at Goa considered a writ petition challenging an order of the Civil Judge Senior Division at Panaji in Special Civil Suit No....

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Bombay High Court Dismisses Writ Petition Challenging Mutation Entry in Revenue Records. Held that Mutation Entries Do Not Confer Title and Civil Suit Is Appropriate Remedy for Title Disputes.

The petitioners, claiming to be owners of certain agricultural lands in Nashik, filed a writ petition challenging a mutation entry made in favor of re...

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Bombay High Court Allows Appeal in Suit for Possession and Declaration of Title — Remand Order Set Aside for Failure to Decide Limitation and Jurisdiction Issues. First Appellate Court Must Decide All Issues Before Remanding Under Order 41 Rule 23 CPC.

The present appeal from order was filed by the original defendants challenging the judgment and order passed by the learned District Judge-12, Auranga...

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Bombay High Court Dismisses Appeal for Specific Performance of Sale Agreement Due to Failure to Prove Readiness and Willingness. Appellants failed to demonstrate financial capacity and timely performance under the Specific Relief Act, 1963.

The appellants, Hemant M. Deshmukh, Ashok Varma, and Gyanchand D. Oswal, filed a suit for specific performance of an agreement of sale dated 21/12/199...

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Bombay High Court Dismisses Writ Petition Against Eviction Decree in Partnership Property Dispute. Concurrent findings of fact that defendants were licensees, not tenants, upheld under Article 227.

The petitioners (original defendants) were a partnership firm occupying premises owned by the respondent (original plaintiff) partnership firm. Initia...

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Bombay High Court Dismisses Tenants' Revision Against Eviction Decree for Non-Joinder of Cotenant Not Raised Earlier. Joint Tenancy Claim Fails as Suit Against One Cotenant Maintainable Without Objection at Trial Stage.

The case involves a civil revision application filed by the tenants (applicants) against the concurrent decrees of eviction passed by the Small Causes...