Search Results for "Joint decree"

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High Court of Karnataka Not mentioned appeal in partition suit concerning rights of a remarried widow under Section 24 of Hindu Succession Act, 1956. The core legal question was whether the remarriage of the widow of a predeceased son prior to the opening of succession disqualifies her from inheritance.

The appeal arose from a decree in O.S.No.840/2001 on the file of I Additional City Civil and Sessions Judge, Bengaluru, decreeing the suit for partiti...

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Bombay High Court Dismisses Petitions Challenging Executing Court's Refusal to Stay Execution in Mundkar Rights Claim. Court holds that mere filing of a declaration suit before Mamlatdar does not create a right to stay execution proceedings under Order XXI Rule 97, 99, 101 CPC.

The petitioners, Lawrance Pereira and Juliana Pereira, filed Writ Petition No. 611 of 2023 challenging the order dated 06.09.2023 passed by the Execut...

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Bombay High Court Dismisses State's Appeal in Limitation Matter — Upholds Refusal to Condone Delay of 14 Months 10 Days. Court Holds That the Lower Appellate Court's Finding of No Sufficient Cause for Delay Was Not Perverse and Does Not Warrant Interference Under Section 100 CPC.

The State of Maharashtra, through the Collector, Gadchiroli, and other officers, filed a second appeal before the Bombay High Court, Nagpur Bench, cha...

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Bombay High Court Dismisses Appeal Against Decree for Specific Performance of Contract Due to Non-Deposit of Balance Consideration. Appellant failed to deposit balance amount within extended period under Section 28 of Specific Relief Act, 1963, leading to dismissal of appeal.

The case involves a First Appeal filed by defendant no.1(iii), a legal heir of original defendant no.1, challenging a decree for specific performance ...

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Bombay High Court Dismisses Tenant's Petition in Eviction Case for Non-Compliance of Section 15(3) of Maharashtra Rent Control Act, 1999. Concurrent findings of arrears of rent for 36 months and failure to tender standard rent and permitted increases upheld.

The petitioner, Chandiram s/o Dariyanumal Ahuja, was a tenant of the respondent, Akola Zilla Shram Wahatuk Sahakari Sanstha, a registered co-operative...

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Bombay High Court Dismisses Appeals in Property Partition Suit — Upholds Trial Court's Refusal to Reject Plaint Under Order VII Rule 11 CPC. Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

The case involves three appeals filed by the defendants (Smt. Malti Kapadia, Hemant Kapadia, and Vijaysingh Kapadia) against an order of the City Civi...

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Bombay High Court Upholds Decree for Restoration of Possession Under Section 6 of Specific Relief Act, 1963 — Trial Court's Finding on Ownership Held Without Jurisdiction. Court sets aside finding on ownership but confirms decree as plaintiffs proved prior possession and wrongful dispossession.

The case involves a Civil Revision Application filed by the original defendant against a decree passed by the learned Joint Civil Judge, Senior Divisi...

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High Court of Karnataka Dismisses Defendants' Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. Suit for Partition and Separate Possession of Joint Family Property Dismissed as Not Maintainable Due to Prior Final Decree in Earlier Suit.

The present Regular Second Appeal was filed by the defendants (appellants) against the judgment and decree dated 04.03.2017 passed by the Senior Civil...