Search Results for "Article 65 Limitation Act"

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High Court of Karnataka Allows Appeal in Property Suit — Trial Court Erred in Rejecting Plaint Under Order VII Rule 11(d) CPC. Suit for Declaration of Title and Possession Not Barred by Limitation as Plaintiff Was in Possession Within 12 Years of Filing.

The appellant/plaintiff filed a suit for declaration of title and possession against the respondents/defendants in O.S.No.7993/2000 before the XVI Add...

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High Court of Karnataka Dismisses Revision Petition in Property Suit — Rejects Plaint Rejection Under Order VII Rule 11 CPC. Suit for Partition and Declaration Not Barred by Limitation as Cause of Action Arose from Denial of Title in 2019.

The case involves a civil revision petition filed by the defendants (petitioners) against an order of the trial court rejecting their application unde...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Suit for partition and separate possession of ancestral property dismissed as barred by limitation and adverse possession established by defendants.

The appellant, Rajkumar Chaganlal Shah, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree ...

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Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Fact. Court holds that no substantial question of law arises under Section 100 CPC when findings are based on appreciation of evidence and not perverse.

The case involves two second appeals arising from a property dispute between the legal heirs of Madhavrao Ramchandra More (appellants in SA/66/2003 an...