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Bombay High Court Dismisses Second Appeal in Encroachment and Possession Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Defendants' Encroachment on Plaintiffs' Land Upheld Based on Measurement and Revenue Records.

The present second appeal was filed by the original defendants challenging the concurrent findings and decree in R.C.A. No.65/2015 by the learned Dist...

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High Court of Bombay at Goa Allows Appeal Against Remand Order in Property Suit — Trial Court's Dismissal of Suit Upheld as Proper. The appellate court erred in remanding the suit for fresh decision without setting aside the trial court's findings on limitation and adverse possession.

The appellant, original defendant No. 1, filed an appeal against the order of remand dated 16.7.2013 passed by the District Judge-I, North Goa, at Pan...

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High Court Allows Second Appeal in Land Encroachment Case — Appellate Court's Reversal Set Aside for Ignoring Material Evidence. Findings of Appellate Court vitiated for overlooking trial court's consideration of government measurement report and boundary marks.

The appellant, Sau. Rukhmabai, filed a second appeal against the judgment of the Appellate Court which reversed the trial court's decree in her favor....

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Bombay High Court Allows Revision Against Ex-Parte Decree in Possession Suit — Defendant Denied Opportunity to Cross-Examine Due to Non-Prosecution of Suit. Trial Court Erred in Dismissing Suit for Default and Then Restoring It Without Notice to Defendant, Violating Principles of Natural Justice.

The petitioner, original defendant in R.C.S. No. 96 of 2007, challenged the ex-parte decree passed by the Civil Judge, Junior Division, Chalisgaon. Th...

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Bombay High Court Dismisses Second Appeal in Property Dispute Over BANDH and Trees — Plaintiff Fails to Prove Exclusive Title. Concurrent findings of fact upheld that disputed BANDH and trees are jointly owned by both parties based on Commissioner's map and evidence.

The case involves a dispute between the appellant (original plaintiff) and the respondent (original defendant) over a BANDH (embankment) and trees sit...

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Bombay High Court Dismisses Appeal Against Order Refusing to Set Aside Ex-Parte Decree in Suit for Specific Performance — Held That Application Under Order 9 Rule 13 CPC Was Not Maintainable as the Decree Was Not Ex-Parte But on Merits After Written Statement Was Filed.

The appellants, Jagdish Tukaram Mulik and others, filed an appeal against an order of the Civil Judge, Senior Division, Pune, dismissing their applica...