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High Court of Karnataka Dismisses Second Appeal in Recovery of Money Suit — Guarantor Liability Upheld. Defendant's challenge to concurrent findings on loan guarantee fails as no substantial question of law arises under Section 100 CPC.

The respondent-plaintiff, Karnataka Vikas Grameen Bank, filed a suit (O.S. No.225/1999) against the appellant-defendant for recovery of Rs.20,355/- wi...

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High Court of Karnataka Dismisses Appeal in Property Dispute — Upholds Trial Court's Decree for Declaration and Permanent Injunction. Plaintiff's Title Established Through Registered Sale Deed and Tax Records, Defendant's Adverse Possession Claim Fails for Lack of Evidence.

The Regular First Appeal was filed by the defendant against the judgment and decree dated 16.4.2009 passed by the XV Additional City Civil Judge, Bang...

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High Court of Bombay at Goa Dismisses Second Appeal in Property Dispute, Upholding Concurrent Findings of Fact. The Court held that no substantial question of law arose under Section 100 CPC as the findings of the courts below were based on appreciation of evidence and not perverse.

The case involves a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the legal representatives of the original plaintiff...

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Bombay High Court Dismisses Second Appeal in Pre-emption Suit — Letter Held to Constitute Waiver of Right of Pre-emption. Agreement among co-sharers to give preference in sale was waived by plaintiff's letter consenting to sale to stranger.

The appellant, original plaintiff, filed a second appeal against the judgment and decree dated 31.08.1994 in Regular Civil Appeal No. 2/1993 passed by...

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Supreme Court Dismisses Appeal in Specific Performance Suit Barred by Order 2 Rule 2 CPC. Plaintiff's Omission to Seek Leave for Subsequent Suit for Specific Performance After Earlier Injunction Suit Results in Bar.

The appeal arises from a judgment of the Bombay High Court (Nagpur Bench) in a Second Appeal, which upheld the concurrent findings of the Trial Court ...

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Bombay High Court Dismisses Petition Challenging Eviction Decree in License Dispute — Constituted Attorney's Lack of Personal Knowledge Does Not Invalidate Suit When Plaintiff's Ownership is Undisputed and Defendant Fails to Prove Tenancy.

The dispute pertains to Room No.2 (2-A) admeasuring 290 sq.ft on CTS No. 185 situated at 1st Floor, Kumud Villa, 321, Vithalbhai Patel Road, Paper Mil...

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Bombay High Court Allows Appeal in Suit for Possession and Mesne Profits — Held that the Trial Court Erred in Dismissing Suit for Non-Prosecution Without Considering Merits and That the Suit Was Not Abated Despite Death of Sole Proprietor as Legal Representatives Were Brought on Record.

The present appeal arises from a suit filed in 1983 by the original plaintiffs (respondents herein) against the original defendant, Bitesh Hanumantrao...

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Bombay High Court Upholds Specific Performance Decree Based on Oral Agreement — Concurrent Findings of Fact Not Interfered With in Second Appeal. Oral Agreement for Sale of Immovable Property Proved by Evidence; Written Document Dated 31.12.1973 Did Not Supersede Earlier Oral Agreement.

The case involves a second appeal filed by the defendants challenging concurrent judgments and decrees passed for specific performance of an agreement...