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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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High Court of Karnataka Allows Appeal in Property Dispute Case Due to First Appellate Court's Failure to Consider Evidence Properly. Remand Order Set Aside as Appellate Court Exceeded Its Powers Under Order XLI Rule 23 CPC Without Recording Satisfaction That Decree Was Unsustainable.

The appellant (defendant) challenged the judgment and decree dated 14.08.2012 passed by the Senior Civil Judge, Shorapur, in R.A.No.11/2011, which all...

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Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Lower Appellate Court Directed to Decide Appeal on Merits. Remand Under Order XLI Rule 23 CPC Requires Satisfaction of Conditions; Appellate Court Cannot Remand Without Deciding Appeal on Merits.

The appellant, Subhash Moralwar, filed a suit for specific performance of contract against the respondents, Vilas Wankhede and others, in the trial co...