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High Court of Karnataka Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings on Possession and Title. Court holds that plaintiff failed to prove title and possession over suit property, and that the suit was barred by limitation under Article 65 of the Limitation Act, 1963.

The appellant, Sri B.S. Lakshman, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decre...

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High Court of Karnataka Allows Appeal in Property Dispute — Restrains Interference and Construction Pending Suit. Prima facie case established regarding joint family property and partnership firm rights under Order 39 Rules 1 and 2 CPC.

The appellants, Mr. Parth Ghorpade and Mr. Sarvajeet Ghorpade, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) read with Section 151 of th...

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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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Supreme Court Allows Appeal of Accused No. 4 in Property Dispute Case — Quashes Criminal Proceedings for Lack of Prima Facie Case. Lease Deed Based on Registered Document Does Not Attract Criminal Liability Without Evidence of Conspiracy Under Section 482 CrPC.

The Supreme Court dealt with two sets of appeals arising from a common High Court order dated 01.06.2017. The complainant, Fatima Hasna, filed a priva...

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Bombay High Court Dismisses Probate Suit for Alleged Will of 1975 Due to Non-Prosecution and Failure to Prove Execution. The court held that the propounder must prove due execution and attestation under Section 63 of the Indian Succession Act, 1925, and failure to lead evidence results in dismissal.

The suit was filed by the plaintiffs, who were great grandsons and other relatives of the deceased, seeking probate of an alleged Will dated 3rd Janua...

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High Court of Karnataka Quashes Mutation Entry Orders in Land Dispute — Failure to Provide Opportunity of Hearing Violates Principles of Natural Justice. Mutation entries made without notice to petitioners set aside under Karnataka Land Revenue Act, 1964.

The petitioners, Damodar Vittal Kamath and others, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court...

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Bombay High Court Allows Amendment of Plaint in Property Dispute Between Siblings. Court holds that amendment seeking to add alternative claim for partition and separate possession does not change the nature of the suit and is necessary for effective adjudication.

The petitioners, Barkatali Abdul Razzak Kazi, Noorjahan Gafoor Shijwalkar, and Aishabi Jabbar Thakur, filed a writ petition in the Bombay High Court c...