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High Court of Karnataka Hears Second Appeal in Suit for Declaration and Injunction Involving Allegation of Fraudulent Sale by Forged Power of Attorney. The Appeal Challenges Reversal of Trial Court's Decree by First Appellate Court.

Background: This matter arises from a Regular Second Appeal filed by the plaintiff under Section 100 of the Code of Civil Procedure, 1908, challenging...

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Supreme Court Dismisses Appeal in Possessory Title Suit — Plaintiff Failed to Prove Prior Possession or Better Title. Concurrent findings of First Appellate Court upheld that defendants had valid title and possession through registered sale deeds.

The appeal arose from a suit for declaration of title and possession filed by Moti Ram (respondent) against Poona Ram (appellant) and others. The plai...

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Supreme Court Allows Restitution to Judgment Debtor Under Section 144 CPC When Decree Varied and Decree Holder Purchased Property in Auction. Auction Sale Set Aside Due to Variation of Decree and Lack of Bona Fide Purchaser Status.

The appeal arose from a restitution application under Section 144 of the Code of Civil Procedure, 1908 (CPC). The original plaintiff (decree holder) o...

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Bombay High Court Grants Decree of Possession and Mesne Profits to Purchasers in Suit for Ejectment of Trespassers Based on Title. Unregistered Agreement for Sale Does Not Confer Title or Right to Possession Without Payment of Consideration.

The plaintiffs, Sharad Shantilal Chheda and Taruna Anil Chheda, filed a suit in the Bombay High Court seeking a decree of possession and mesne profits...

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Bombay High Court Dismisses Appeal in Property Injunction Suit — Co-ownership and Possession Established. Permanent Injunction Granted Against Interference by Defendants Based on Prior Possession and Title.

The appeal arises from a judgment and decree dated 30/08/2004 passed by the Additional District Judge - I, South Goa, Margao in Civil Suit No.183/2004...

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Supreme Court Allows Plaintiff's Claim for Possession in Property Dispute Based on Title and Rejects Adverse Possession Defense. Licensee's Possession Cannot Be Converted into Adverse Possession Without Clear Evidence of Ouster.

The dispute pertained to a suit property in Bangalore. The original plaintiff, A. Krishnappa, claimed ownership of the property as joint family proper...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Trial Court's Decree of Declaration and Injunction Based on Adverse Possession. Plaintiff's long possession and payment of taxes established ownership by adverse possession over suit mill.

The case involves a dispute over a mill with an area of 134 sq. metres. The plaintiff, Amaral Pereira, claimed that his grandmother, Maria Francisca F...

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Bombay High Court Upholds Petitioner in CrPC Vehicle Release Case and Sets Aside Orders Denying Return of Car to Owner. Owner's Rightful Possession Recognized Under Section 457 CrPC; Army Personnel's Vehicle Released on Undertaking to Produce When Required.

The judgment of the High Court of Judicature at Bombay, Criminal Appellate Jurisdiction, in Writ Petition No. 3291 of 2021 addressed the release of a ...

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Bombay High Court Allows Second Appeals in Adverse Possession Case — Possessory Owner Acquires Title When Rightful Owner Fails to Assert Within Limitation Period. Onus Shifts to Plaintiff to Prove Title and Possession Within Twelve Years When Defendant's Long-Standing Possession as Owner is Admitted.

The case involves two second appeals arising from a property dispute between the appellants (defendants) and the respondents (plaintiffs) concerning l...