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Bombay High Court Allows Second Appeal in Partition Suit — Sales by Karta Not Binding on Coparceners. Court holds that alienation of joint family property by a karta without legal necessity or benefit to estate does not bind other coparceners under Hindu law.

The case involves a second appeal filed by the original defendant No.1 against the judgment of the appellate court in a partition suit. The plaintiffs...

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Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Agreement for Sale Not Concluded Contract but Continuous Offer, Plaint Discloses Cause of Action.

The appellant, M/s. Everhome Properties Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 15.07.2019 against the respond...

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KAHC010662922011_1

The judgment is a common order in House Rent Revision Petition Nos. 136/2011 and 115/2011, and Regular First Appeal No. 160/2021. The appellant, Smt. ...

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Karnataka High Court Considers Appeal and Cross-Objection Against Trial Court's Dismissal of Suit for Declaration of Title and Possession. Trial Court Dismissed Suit on Grounds That Plaintiffs Failed to Prove Genealogical Link and Revenue Entries Do Not Establish Title.

The matter arose out of a suit for declaration of title and recovery of possession filed by the legal heirs of late Venkategowda and Smt. Honamma, cla...

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Karnataka High Court Refers Rival Will Claims to Trial Court in Suit for Partition Under Section 96 of Code of Civil Procedure, 1908. The Court Ordered Enquiry to Determine Legal Representatives of Deceased Plaintiff Pending Appeal Against Preliminary Partition Decree.

The dispute originated as a suit for partition of joint family properties filed by the daughters of late Venkatarayappa (plaintiffs 1-3) and the widow...