Search Results for "Order XLI Rule 23-A"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Order XLI Rule 23-A"

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High Court

Bombay High Court Allows Appeal in Partition Suit — Dispute Over Agricultural Land Between Brothers. Court Holds That a Suit for Partition Is Not Barred by Limitation When the Plaintiff Is in Joint Possession and the Property Is Ancestral.

28 Jan 2026

The appellant, Shivaji Gopal Kurhade, filed a suit for partition and separate possession of ancestral agricultural land against his brothers and their...

High Court

High Court of Bombay Allows Appeal in Civil Suit Remand Case — Remand Order Set Aside as Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23A CPC. The appellate court cannot remand a suit for retrial when the trial court has already decided it on merits without any procedural irregularity.

29 Aug 2023

The appeal arises from a judgment and order dated 22 March 2022 passed by the District Judge, Raigad, setting aside the judgment and decree dated 22 A...

Supreme Court

Supreme Court Upholds High Court's Direction for Payment of Rent During Pendency of Eviction Appeals Under Madhya Pradesh Accommodation Control Act, 1961. The court interpreted Section 13 to allow appellate courts to impose conditions like payment of reasonable rent as a term for stay of eviction, especially when eviction is decreed on grounds other than rent default.

22 Feb 2022

The appeals involved common questions regarding the interpretation of Section 13 of the Madhya Pradesh Accommodation Control Act, 1961, in the context...

High Court

Bombay High Court Allows Appeal Against Remand Order in Contract Dispute — Limitation Issue Must Be Decided as Preliminary Point. Court holds that Order XLIII Rule 1(u) CPC appeal is maintainable against a remand order that fails to decide a preliminary issue of limitation, and directs the trial court to frame and decide the limitation issue first.

8 Mar 2021

The appellant, Tikamdas s/o Sukhdevdas Vaishnao, filed an appeal under Order XLIII Rule 1(u) of the Code of Civil Procedure, 1908 (CPC) against the ju...

Supreme Court

Supreme Court Dismisses Appeal in Will Dispute — Upholds High Court's Finding of Non-Genuine Will Due to Suspicious Circumstances. The court affirmed that the propounder of a Will must dispel all suspicious circumstances, and the High Court's reversal of the Trial Court's decree was justified based on inconsistencies in evidence.

24 Apr 2020

The case involves a civil appeal by the plaintiffs-appellants against the High Court of Karnataka's judgment dated 26.10.2007, which reversed the Tria...

High Court

High Court of Karnataka Allows Appeal in Property Suit Remand Case — Appellate Court Exceeded Remand Powers Under Order 41 Rule 23A CPC. Remand Order Set Aside as Appellate Court Failed to Decide Appeal on Merits and Instead Directed Trial Court to Comply with High Court Order.

21 Jan 2020

The present Miscellaneous Second Appeal (MSA No.127/2017) was filed by the appellants, Sri P.H. Honnappa and Sri Rajanna @ Raju, against the judgment ...

High Court

Bombay High Court Allows Appeal Against Remand Order in Divorce Case — Remand Without Deciding Merits Not Permissible Under Order 41 Rule 23A CPC. Appellate Court Must First Reverse Decree on Merits Before Remanding Under Order 41 Rule 23A of Code of Civil Procedure, 1908.

23 Jan 2017

The case arises from a matrimonial dispute where the respondent-wife filed a divorce petition under Section 13(1)(i)(ia) of the Hindu Marriage Act, 19...

High Court

Bombay High Court Allows Appeal Against Remand Order in Licence Fee Dispute — Trial Court Must Decide Suit on Merits Without Being Influenced by Observations in Remand Order. Appellate Court Exceeded Jurisdiction Under Order XLI Rules 23, 23-A, 25 CPC by Remanding Without Deciding Appeal on Merits.

9 Apr 2015

The appellant (original plaintiff) filed Regular Civil Suit No.1900/2012 (Old Special Civil Suit No.535/2008) for mandatory injunction and recovery of...

High Court

Bombay High Court Dismisses Appeal Against Remand Order in Property Suit — Trial Court's Judgment Set Aside for Failure to Frame Issues and Consider Evidence. Lower Appellate Court's Remand Under Order 41 Rule 23 CPC Upheld as Proper Exercise of Power to Prevent Failure of Justice.

27 Oct 2010

The case involves a property dispute over land Survey No. 50 admeasuring 26 acres 4 gunthas situated at village Asadullabag. The original plaintiff, K...

High Court

Bombay High Court Allows Appeal, Sets Aside Remand Order in Easement and Nuisance Dispute Over Waste Water Discharge. The appellate court's casual exercise of remand power under Order XLI Rule 23 CPC was held unjustified when the trial court had already decided ownership and the respondents' easement plea implicitly accepted that ownership.

27 Oct 2010

The dispute originated from a suit filed by the appellant (original plaintiff) and respondent Nos. 3 to 5 (original plaintiffs) against respondent Nos...

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