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Bombay High Court Allows Appeal Against Remand Order in Property Dispute Over Well Ownership and Construction Obstruction. Lower Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23 CPC by Remanding Without Finding on Preliminary Point.

The appellant-defendant appealed against the judgment and order dated 27 November 2020 passed by the learned Principal District Judge, Amravati, in Re...

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High Court of Karnataka Allows Appeal in Marriage Dissolution Case — Remand Order Set Aside Due to Lack of Jurisdictional Finding. Section 2(2) of Hindu Marriage Act, 1955 bars application to Scheduled Tribes unless custom is proved; court must first decide applicability of Act before remanding.

The appellant, Narayana Naik, and the respondent, Smt. Leelavathi N., belong to the Marathi Community, which is a Scheduled Tribe. Their marriage was ...

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Bombay High Court Allows Appeal Against Remand Order in Will Cancellation Suit — Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23 CPC by Remanding Without Setting Aside Ex Parte Decree on Proper Grounds.

The appellant, original plaintiff, filed a suit for declaration that a registered Will-Deed dated 12th August 2011 executed by her late husband was vo...

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Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Trial Court's Decree Restored. Appellate Court Exceeded Remand Powers Under Order 41 Rule 23-A CPC by Reversing Findings Without Proper Justification.

The case arises from a suit for specific performance of an agreement of sale filed by the original plaintiff, Mohd. Sardar, against the defendant, Raf...