Search Results for "Abatement"

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the District Judge, Satara, which c...

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Bombay High Court Dismisses Application to Bring Legal Heirs on Record After 24-Year Delay in Specific Performance Suit. Condonation of Delay Refused as Plaintiff's Mistaken Belief Does Not Constitute Sufficient Cause Under Order 22 Rule 9 CPC.

The case involves a Chamber Summons taken out by the plaintiff (Sunil Gupta) in a suit filed in 1989 for specific performance of an agreement dated 15...

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Supreme Court Rules Appeal Does Not Abate if Estate is Sufficiently Represented.

This judgment concerns two connected civil appeals arising from suits for specific performance and eviction. In Civil Appeal No. 172 of 2026, the High...

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Bombay High Court Dismisses Writ Petitions Challenging Mutation Entry in Property Dispute — Petitioners Failed to Establish Title or Possession. Court Held That Mutation Entries Do Not Confer Title and That Civil Suit Is Appropriate Remedy for Title Disputes.

The judgment pertains to a group of writ petitions filed by members of the Shirole family challenging a mutation entry in the revenue records of a pro...

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Bombay High Court Allows Legal Heir to Be Brought on Record in Final Decree Proceedings Without Setting Aside Abatement. Final Decree Proceedings Are Execution Proceedings; Order 22 Rules 3, 4, 8 CPC Not Applicable.

The case involves a Civil Revision Application filed by Anuradha Vasantrao Ghorpade, the legal heir of Vasantrao Tatyaso Ghorpade (deceased), challeng...

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Bombay High Court Dismisses Petition Challenging Abatement of Suit for Easement of Necessity. Failure to Bring Legal Representatives of Deceased Plaintiff Within Limitation Leads to Abatement of Entire Suit Under Order 22 Rule 3 CPC.

The petitioners, original plaintiffs 1 to 4 and 6, along with Banubai Hariba Mohite (original plaintiff no.5), filed Regular Civil Suit No.278 of 1981...

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Bombay High Court Dismisses Second Appeal in Partition Suit, Holds Partial Abatement Only. Death of some appellants during pendency of appeal does not abate entire appeal; decree not a nullity under Order 22 CPC.

The case involves a second appeal arising from a suit for partition and separate possession. The original suit was filed by the plaintiffs (now respon...

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Supreme Court Dismisses Appeal in Adoption Dispute Due to Abatement — Conflict of Decrees Would Arise if Appeal Proceeded. Right to Sue Did Not Survive to Surviving Appellant Alone; Appeal Abated as a Whole Under Order XXII Rule 3 CPC.

The Supreme Court dismissed an appeal arising from a suit challenging the validity of an adoption. The appellants, two brothers, had filed a suit seek...