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Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Not Interfered With. Licensee Defendants Failed to Prove Independent Title; Suit for Possession Based on Title Maintainable Without Prior Revocation of License.

The present second appeal was filed by the original defendants against the judgment and decree dated 16.04.2022 passed by the District Judge-1, Nagpur...

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High Court of Karnataka Hears Regular Second Appeal Regarding Validity of Will and Alternative Succession Claim; First Appellate Court Omitted Consideration of Alternative Prayer of Inheritance as Brother, Raising Substantial Question of Law Under Section 100 CPC

The dispute centered on agricultural land originally owned by Kalakavva, who died in 1989. The plaintiff claimed as legatee under a registered Will da...

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Bombay High Court Grants Probate of Will in Favor of Propounder Despite Allegations of Undue Influence. Court holds that propounder discharged burden of proving due execution and testamentary capacity under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

The plaintiff, Janki Suresh Bhandoola, as the sole executrix named in the last will and testament of Sushiladevi T. Parsani (the testatrix), filed a s...

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High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement of Sale Proved by Attesting Witness and Part Performance Established, No Substantial Question of Law Arises Under Section 100 CPC.

The appellant, Muktumhussain Mehaboob Sab Bapunavar, was the fourth defendant in a suit for specific performance of an agreement of sale filed by the ...

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Bombay High Court Allows Appeal Against Ad-Interim Injunction on Ground of Want of Pecuniary Jurisdiction — Suit Valuation Dispute Under Section 6 of the Bombay Court Fees Act, 1959

The case involves an appeal filed by Zuberahmed Maqbool Ansari (original Defendant No.2) against an ad-interim order dated 24.09.2020 passed by a lear...

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High Court of Karnataka Dismisses Second Appeal in Property Declaration Suit — Concurrent Findings of Ownership Based on Will Upheld. Court holds that concurrent findings of fact cannot be interfered with under Section 100 CPC unless perverse or based on no evidence.

The Regular Second Appeal was filed by the defendant-appellant against the concurrent judgment and decree of the Trial Court and First Appellate Court...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Property Suit — Limitation and Cause of Action Are Triable Issues. Court holds that Order VII Rule 11 CPC application cannot be decided on disputed facts regarding knowledge of sale deeds and limitation.

The Bombay High Court dismissed a Civil Revision Application filed by Defendant No.15 (M/s. Mahabharat Builders) challenging the trial court's order d...