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Bombay High Court Allows Second Appeal in Partition Suit, Holds Suit Bad for Non-Joinder of Necessary Parties. All co-sharers and co-partners are necessary parties in a suit for partition and possession; failure to join them renders the suit liable to dismissal.

The case involves a second appeal arising from a suit for partition and possession of agricultural land. The respondents (plaintiffs) filed the suit a...

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KAHC010521472015_1

The plaintiff, a company registered under the Companies Act, 1956, engaged in developing resorts and health clubs, entered into an agreement to purcha...

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Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Adverse Possession Suit. Amendment Sought After Seven Years Allowed as It Did Not Change Nature of Suit and Was Necessary for Effective Adjudication.

The case involves a writ petition filed by Ganpat Baburao Boraste challenging an order dated 13th February 2020 passed by the Civil Judge, Senior Divi...

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Bombay High Court Allows Executor's Application for Probate in Will Dispute — Caveat Dismissed for Lack of Interest. Court held that a caveator claiming under an unproduced Will has no caveatable interest under Section 284 of the Indian Succession Act, 1925.

The case involves a Notice of Motion filed by Daya Subhash Tiwari, the applicant and original petitioner in a probate petition, seeking dismissal of a...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Suit for declaration and injunction dismissed as plaintiff failed to prove title and possession over suit property.

The appellants, legal representatives of the original plaintiff Abdulsab Nannesab Totad @ Jekinkatti, filed a second appeal under Section 100 of the C...

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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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High Court of Bombay Division Bench Hears Reference on Appealability of Interim Injunction Orders in Regular Civil Appeals. Reference Concerns Whether Order 43 Rule 1(r) CPC Covers Interim Injunctions Granted by First Appellate Courts Under Order 41 CPC.

This matter came before a Division Bench as a reference made by a learned Single Judge of the High Court who doubted the correctness of earlier single...

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High Court Allows Appeal Against Trial Court's Order Setting Aside Its Own Restoration Order Without Jurisdiction. Trial Court Cannot Rectify Its Own Error Under Order XXXIX Rule 11(2) CPC as It Becomes Functus Officio.

The appeal arises from an order dated 25.8.2015 passed by the Civil Judge, Senior Division, Akola in M.J.C. No. 937/2014. The appellant, Purushottam N...