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Supreme Court & High Courts Judgments
It cannot be given such liberal meaning that it defeats the concept of Fair Trial--Distance between two places is about 100 kms--Application by wife dismissed..
Punjab & Haryana High Court
Suit for declaration, specific performance and permanent injunction with regard to flat in a cooperative society--Jurisdiction of Civil Court is not barred..
Once the preliminary decree has attained finality--The same is not open for redetermination..
Rent during pendency of Suit--Rent Controller while assessing provisional rent can also assess rent pendente lite..
Determination of Nature of Property--Where lands are so mixed up that the ancestral and non-ancestral portions cannot be separated and segregated, then they must be regarded as non-ancestral..
Partition by metes and bound--Once the Local Commissioner himself found difficulty in measuring the dimensions then partition as suggested by him should not have been relied upon--Impugned f..
Order granting interim maintenance remanded to be decided afresh after taking affidavits of assets and liabilities from the parties ..
Application for withdrawal of suit was filed after filing of application for rejection of plaint--Till application Order 7 Rule 11 CPC is decided, the plaintiff cannot be allowed to withdraw..
Question whether the property is ancestral or not cannot be considered in an application under Order 7 Rule 11 CPC..
Plaintiff asserts his possession by virtue of agreement to mortgage executed in their favour by the owner--However, the owner himself has filed execution petition for recovery of possession ..
Claim by State--Mere plantation of trees on waste/ uncultivable land is not sufficient to prove animus possidendi..
Continuous wrong entry in the revenue record does not operate as estoppel..
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