Search Results for "Prothonotary order"

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Search Results for "Prothonotary order"

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High Court

Bombay High Court Dismisses Petition Challenging Amendment of Probate Schedule by Prothonotary. Prothonotary has power to allow amendment of schedule of assets in probate proceedings under Section 317 of Indian Succession Act, 1925.

11 Oct 2013

The petitioners, Mukesh Ramanlal Gokal and Bharat Ramanlal Gokal, filed a petition under the Testamentary and Intestate Jurisdiction of the Bombay Hig...

High Court

Bombay High Court Allows Condonation of Delay in Filing Caveat in Testamentary Case — Caveators' Rights Protected Despite Procedural Lapse. Court holds that caveat filed after petition for Letters of Administration is maintainable and delay in lodging caveat can be condoned under Section 148A of CPC.

2 Sep 2013

The case involves a Chamber Summons filed by the applicants, who are the legal heirs of Mr. Adhip Lal Barua (predeceased son of the deceased Captain M...

High Court

Bombay High Court Dismisses Notice of Motion Seeking Recall of Orders Dismissing Caveats in Testamentary Proceeding; Finds Prior Order Granting Letters of Administration to Daughter as Sole Heir Without Probate Was Without Jurisdiction. Court Holds That Where Probate Petition Exists, Letters of Administration Cannot Be Granted Unless Probate Petition Is Dismissed After Trial or Default, and Testamentary Court Has No Discretion to Prefer One Over the Other Under Indian Succession Act, 1925.

18 Jul 2018

The dispute arose from the estate of deceased Balakrishna Ladhmal Chhabda, who died leaving a Will dated 28th September 2010 appointing executors and ...

High Court

Bombay High Court Directs Sub-Registrar to Register Consent Decree as Conveyance Under Registration Act, 1908 — Mandamus Issued for Compliance with Court Letters. A consent decree for transfer of immovable property is a conveyance under Section 17 of the Registration Act, 1908, and the Sub-Registrar must register it; failure to do so warrants a writ of mandamus.

28 Sep 2015

The petitioners, Tardeo Properties Private Ltd and another, filed a writ petition under Article 226 of the Constitution of India seeking a direction t...

High Court

Bombay High Court Dismisses Appeal Against Order for Evidence Recording in Testamentary Dispute — Order Not a Judgment Under Clause 15 of Letters Patent. Preliminary Objection Upheld as Impugned Order Did Not Decide Substantive Rights of Parties.

20 Jul 2012

The appeal arose from an order dated 30 August 2011 of a learned Single Judge of the Bombay High Court in a testamentary matter. The background involv...

High Court

Bombay High Court Allows Defendant to File Written Statement After Seven-Year Delay in Suit for Declaration of Conveyance Deed as Void. Court condones delay and sets aside order of Prothonotary directing suit to proceed without written statement, holding that the Defendant had no opportunity to contest the suit on merits and that the Plaintiffs would not be prejudiced by permitting the written statement.

1 Feb 2024

The present case arises out of a suit filed by the Plaintiffs, Joana Rose Philomina Miranda and others, against the Defendant, Western Pre Fab Pvt. Lt...

High Court

Bombay High Court Allows Petition to Bring Legal Heirs on Record in Civil Suit — Duty of Pleader to Inform Court of Party's Death Under Order XXII Rule 10A CPC. Trial Court Erred in Rejecting Application for Delay Without Considering Statutory Obligation of Pleader to Communicate Death.

3 Dec 2018

The Petitioner, Ida Fernandes, was the original Plaintiff in Suit No. 9046 of 2000 pending before the Bombay City Civil Court. She filed Chamber Summo...

High Court

High Court of Bombay Hears Appeal Against Order in Execution Proceedings; Permits Power of Attorney Holder to Argue. Execution of Decree for Possession in Specific Performance Suit Involves Third Party Rights.

7 Oct 2005

This appeal under Clause 15 of the Letters Patent read with Order XXI Rule 103 of the Code of Civil Procedure, 1908, challenged the order of a learned...

High Court

Bombay High Court Allows Execution of Consent Decree Without Notice to Non-Signatory Defendants Under Order XXI Rule 22(2) CPC. Court held that notice under Order XXI Rule 22 CPC can be dispensed with when judgment-debtors had notice of the consent decree and failed to comply with reciprocal obligations.

12 Apr 2013

The plaintiff, Ashford Developers Pvt. Ltd., filed a Chamber Summons in Execution Application seeking directions to the Prothonotary to take on file a...

High Court

High Court of Judicature at Bombay Removes Interim Application and Treats Guardianship Petition as One under Clause XVII of Letters Patent. Disposal of Interim Application No. 1768 of 2025 on 24 April 2025 Leads to Removal from Board.

8 May 2025

The High Court of Judicature at Bombay, presided over by Justice Abhay Ahuja, took up Guardianship Petition No. 8 of 2025 along with Interim Applicati...

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