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Bombay High Court Dismisses Appeal Seeking Appointment of Court Receiver and Interim Compensation in Property Dispute. Court holds that mere filing of affidavits does not establish grave urgency warranting appointment of receiver or direction for deposit of interim compensation at an interim stage.

The appellant, Ramesh Sippy, filed a suit in the Bombay High Court seeking possession of Flat No.5/B in Shree Vijayaa Bhavan, Mumbai, claiming ownersh...

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Bombay High Court Dismisses Petition for Revocation of Letters of Administration in Succession Dispute — No Grounds for Revocation Under Section 263 of Indian Succession Act, 1925. Concealment of Material Facts Not Established; Court Had Jurisdiction as Deceased's Fixed Place of Abode Was in Mumbai.

The petitioner, Kamal Prasad, filed a petition under Section 263 of the Indian Succession Act, 1925, seeking revocation of Letters of Administration g...

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High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation.

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Co...

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Bombay High Court Dismisses Revision in Res Judicata Case — Suit Not Barred as Earlier Suit Was Withdrawn Without Liberty to File Fresh Suit. Order VII Rule 11(d) CPC Application Rejected as Earlier Suit Was Not Decided on Merits.

The revision application arose from an order of the 7th Joint Civil Judge, Senior Division, Nagpur, rejecting the defendant's application under Order ...

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KAHC010319492023_1

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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.

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...

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Bombay High Court Dismisses Appeal Against Grant of Probate — Secondary Evidence of Will Held Admissible Despite Non-Production of Original. Attestation Proved Through Scribe's Son and Attesting Witness's Daughter; Delay and Exclusion of Heirs Not Suspicious.

The present appeal was filed under Section 96 read with Order 41 of the Code of Civil Procedure, 1908 by the original Opponents against the judgment d...

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Supreme Court Hears Appeals Against Madras High Court’s Setting Aside of Alienations and Direction to Frame Scheme for Charitable Trust. High Court Held Will Dated 27.9.1968 Was Mutual and Joint, and Alienations by Surviving Spouse Void.

These appeals arose from Original Suit No. 76 of 1981, filed by Hindu Community in General and Citizens of Gobichettipalayam as plaintiff, seeking adm...