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High Court of Karnataka Allows Appeal Against Rejection of Plaint in Partition Suit — Order VII Rule 11 CPC Not Applicable When Suit Not Barred by Law. The pendency of a probate proceeding does not bar a suit for partition and the plaint cannot be rejected under Order VII Rule 11 CPC.

The appellant, Sri Venkatalingaiah Murthy, filed a petition for Letters of Administration (P&SC No.63/2011) in respect of the Will of late Sri K. Moha...

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Karnataka High Court Dismisses Pontiff's Appeal Against FIR Quashing in Criminal Defamation Case — Allegations of Sexual Assault and Criminal Intimidation by a Seer Against a Woman and Her Family Not Quashed at Threshold.

The appellant, a 39-year-old pontiff of Shree Samsthana Gokarna – Shree Ramachandrapura Mutta, filed a writ petition under Article 226 and Article 2...

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Gujarat High Court Examines Whether Appeal is Barred by Res Judicata and Abatement in Suit for Specific Performance; Court Notes that Plaintiffs Did Not Appeal Decree in Companion Suit and Failed to Bring All Legal Heirs On Record.

The appeal arises from the judgment and decree dated 18.03.2000 passed by the trial court in Special Civil Suit No. 176 of 1991 and Regular Civil Suit...

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High Court of Judicature at Bombay Hears Letters Patent Appeal Against Single Judge’s Order Upholding State Minister’s Decision in Evacuee Property Mutation Dispute. Minister's Order Had Set Aside Lower Authorities' Orders Restoring Evacuee Property Entries.

This Letters Patent Appeal arose from a dispute over evacuee properties in Lonavala. The original owner, Haji Habib Tar Mohammed Janu, migrated to Pak...

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High Court of Bombay Sets Aside Exparte Divorce Decree Due to Non-Compliance with Summons Service Rules. Family Court Failed to Require Affidavit of Bailiff or Examine Him as Mandated by Rule 19 of Family Court Rules, 1988 and Order V Rules 17, 19 of Code of Civil Procedure, 1908.

This is an appeal filed by the husband against an exparte decree of dissolution of marriage granted by the Family Court, Aurangabad on the grounds of ...