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Bombay High Court Considers Restitution Plea in Testamentary Proceedings. Alleged Fraudulent Consent Terms Discharge Court Receiver Without Court Order; Applicants Seek Possession Restored.

The dispute arose from the estate of Shalini Devi Ghatge, who died on 12.08.1982 leaving two wills. One will dated 06.01.1982 was propounded by the ex...

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High Court of Karnataka Allows Appeal in Partition Suit — Rejects Plaint Rejection Under Order VII Rule 11 CPC. Suit for Partition and Separate Possession of Joint Family Property Not Barred by Limitation as Perpetual Right to Seek Partition Recognized Under Hindu Law.

The present Regular First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree dated 24.02...

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High Court of Bombay at Goa Quashes Trial Court Order Allowing Amendment to Counterclaim in Civil Suit. Counterclaim Based on Cause of Action Arising After Filing of Written Statement Is Not Maintainable Under Order VIII Rule 6A Code of Civil Procedure, 1908.

The petitioners, original plaintiffs in a civil suit for declaration and permanent injunction filed on 17 April 2007, challenged an order of the trial...

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High Court Dismisses Application for Rejection of Plaint in Suit for Recovery of Possession by Public Trust. No Prior Consent of Charity Commissioner Required under Sections 50/51 of Bombay Public Trusts Act, 1950 for Suit Against Trespassers; Civil Court Not Barred under Section 80.

The dispute arose from an interim application filed by Defendant No.1 in a civil suit instituted by Shri Hari Ashram, a public charitable trust regist...

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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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Bombay High Court Allows Son's Challenge Against Impleadment of Parents in Property Suit — Order Directing Addition of Parents as Parties Set Aside. Court holds that parents have no independent right to be impleaded in son's suit for possession against third parties under Order 1 Rule 10 CPC.

The petitioner, Parag Prakash Mutha, filed a writ petition challenging an order dated 10 January 2022 passed by the 7th Additional Judge, Small Causes...

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Bombay High Court Dismisses Revision Against Rejection of Preliminary Objection on Maintainability of Suit Against Public Trust. Permission of Charity Commissioner Not Required When Suit is by a Third Party for Enforcement of Civil Rights Unconnected with Trust Administration.

The applicant, Maharashtra Shetkari Seva Mandal, a public trust, challenged an order dated 16.7.2008 passed by the Civil Judge, Junior Division, Manma...