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High Court of Karnataka Allows Appeal Against Withdrawal of Partition Suit Without Notice to Defendant. Order permitting withdrawal under Order 23 Rule 1 CPC set aside as defendant No.3 was not heard before allowing the application.

The appellant, Smt. Mahadevi, was defendant No.3 in a partition suit (O.S. No.294/2002) filed by respondent No.1 (Mallikarjun) against the head of the...

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Karnataka High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Establish Readiness and Willingness to Perform Contract.

The appellant, Annarao, filed a suit for specific performance of an agreement to sell dated 28.08.1986, allegedly executed by the respondent, Gopal Ra...

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Karnataka High Court Allows Appeal in Property Dispute — Plaintiff Fails to Prove Title and Possession. Suit for Declaration and Possession Dismissed as Plaintiff's Title Not Established and Defendant's Adverse Possession Upheld.

The case involves a property dispute where the plaintiff, Smt. Anusuyamma, claimed absolute ownership of a residential site in Mathikere, Bangalore, p...

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Bombay High Court Dismisses Suit Challenging Will of Deceased as Probate Granted by Dubai Court is Conclusive Under Section 41 of Indian Evidence Act. Mother's challenge to will fails as foreign probate is binding on Indian courts regarding validity and execution of will.

The plaintiff, Dr. Devika Damji Shah, mother of the deceased Dr. Mukesh Ramji Shah, filed a suit seeking a declaration that the will of the deceased d...