Search Results for "civil suit limitation"

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Bombay High Court Dismisses State Appeal Against Maintainability of Suit Challenging Slum Acquisition Proceedings. Suit for Declaration of Title and Injunction Held Maintainable Despite Bar Under Section 42 of Maharashtra Slum Areas Act, 1971.

The State of Maharashtra appealed against an order dated 12 April 2016 passed by a learned Single Judge of the Bombay High Court in Suit No.2862 of 20...

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Bombay High Court Allows Second Appeals in Adverse Possession Case — Possessory Owner Acquires Title When Rightful Owner Fails to Assert Within Limitation Period. Onus Shifts to Plaintiff to Prove Title and Possession Within Twelve Years When Defendant's Long-Standing Possession as Owner is Admitted.

The case involves two second appeals arising from a property dispute between the appellants (defendants) and the respondents (plaintiffs) concerning l...

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Madras High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Fact. Sale Deed Challenged as Forged Held Valid Based on Evidence and Adverse Possession.

The case involves two second appeals arising from property disputes between the appellants (plaintiffs in O.S.No.4381 of 2011) and the respondents (de...

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Bombay High Court Dismisses Appeal Against Rejection of Plaint in Suit for Specific Performance — Suit Barred by Limitation. The court held that the plaint must be rejected under Order VII Rule 11(d) CPC when the suit is clearly barred by limitation based on the averments in the plaint.

The appellant, Romesh Satyanarayan Sharma, filed a suit for specific performance of an agreement to sell dated 15.07.2005 against the respondents, Mrs...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Summary Suit for Recovery of Money. Order 6 Rule 2(3) CPC does not require dates and sums in figures and words in plaint, and Order 37 Rule 2 CPC does not mandate separate verification.

The present Civil Revision Application was filed by the applicants (original defendants) against the order dated 07/11/2022 passed by the 14th Joint C...

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Supreme Court Dismisses Appeal in Specific Performance Suit Upholding High Court's Decision. Dispute Involved Agreement of Sale with Issues of Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 and Limitation Under Article 54 of Limitation Act, 1963.

The appeal arose from a dispute over a registered Agreement of Sale dated 22.11.1990, where appellants 1, 2, and 3 agreed to sell property to responde...

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Bombay High Court Dismisses Pre-emption Claim Under Section 22 of Hindu Succession Act, 1956 — Testamentary Succession Bars Intestate Right. Property Devolution by Will Excludes Statutory Right of Pre-emption as Section 22 Applies Only to Intestate Property.

The case involves a dispute over a suit property (Plot No.21, Laxmi Nagar, Nagpur) originally purchased by late Kashinath Subhedar in the name of his ...