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Bombay High Court Dismisses Second Appeal, Upholds Specific Performance Decree for Oral Agreement to Sell Land. Concurrent Findings of Fact Not Interfered With as Plaintiff Proved Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

This second appeal arises from a suit for specific performance of an oral agreement to sell agricultural land. The plaintiff (now represented by legal...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed. Plaintiff failed to prove title and possession; no substantial question of law under Section 100 CPC.

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) arises from a suit for declaration and injunction filed...

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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

The present second appeal arises from a partition suit filed by the original plaintiffs (appellants) against the defendants (respondents). The plainti...

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Bombay High Court Dismisses Second Appeal in Property Dispute Between Brothers — Concurrent Findings of Fact Not Interfered With. Suit for Possession and Injunction Dismissed as Plaintiff Failed to Prove Title and Encroachment.

The plaintiff, Bhagwatrao Randive, filed a suit for possession and permanent injunction against his brother, Panditrao Randive, alleging encroachment ...

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High Court of Gujarat Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Trial and Appellate Courts. Agreement to Sell Does Not Confer Ownership; Plaintiff Failed to Prove Payment of Consideration and Possession.

The appellant, original plaintiff, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree d...

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Bombay High Court Upholds Injunction Against Saw Mill Nuisance in Neighbourhood Dispute. Noise and Vibration from Unlicensed Saw Mill Constitute Private Nuisance, Entitling Adjacent Owner to Injunction Under Specific Relief Act, 1963.

The plaintiff, Abdul Aziz Anvar Inamdar, filed a suit for injunction against the defendant, Ismail Musabhai Memon, alleging that the defendant was run...

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Bombay High Court Allows Civil Revision Application to Refer Partnership Dispute to Arbitration. Court Holds that Dispute Between Partners Over Properties Acquired from Firm Funds Fell Within Arbitration Clauses.

The petitioner, original defendant no.1 in a special civil suit filed by respondent no.1 (plaintiff) seeking declaration that certain properties belon...