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Bombay High Court Allows Appeal Against Remand Order in Adverse Possession Suit — Trial Court Decree Restored. First Appellate Court Exceeded Jurisdiction by Remanding Suit for Filing Written Statement Despite Proper Procedure Being Followed.

The case arises from a suit for declaration of ownership based on adverse possession filed by the plaintiffs (appellants) against the defendant (respo...

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Bombay High Court Dismisses Appeal Against Decree Under Order VIII Rule 10 CPC for Failure to File Written Statement. Trial Court's Discretion to Pass Judgment Without Trial Upheld Where Defendants Neglected to File Written Statement Despite Multiple Opportunities.

The appeal arises from a judgment dated 12.7.2006 passed by the trial court decreeing the plaintiff's suit for Rs.16,43,200/- with future interest at ...