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Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

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CIVIL REVISION APPLICATION NO. 427 OF 2009

The case concerns eviction proceedings initiated by the Life Insurance Corporation of India (LIC) against the occupant, Niloufer Marshall, in respect ...

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Bombay High Court Dismisses Pre-emption Claim Under Section 22 of Hindu Succession Act, 1956 — Testamentary Succession Bars Intestate Right. Property Devolution by Will Excludes Statutory Right of Pre-emption as Section 22 Applies Only to Intestate Property.

The case involves a dispute over a suit property (Plot No.21, Laxmi Nagar, Nagpur) originally purchased by late Kashinath Subhedar in the name of his ...

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Bombay High Court Dismisses Notice of Motion to Set Aside Dismissal of Testamentary Suit — Remedy Lies in Appeal, Not Under Order 9 Rule 9 CPC. Suit Dismissed on Merits After Evidence Recorded, Not in Default.

The plaintiff, Arvind Nathubhai Dattani, filed a testamentary suit seeking probate of an alleged will. The plaintiff's evidence was recorded on 16 Apr...

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Bombay High Court Directs Railways to Pay Dues to Widow Based on Succession Certificate. Succession Certificate Granted by Competent Court is Conclusive Evidence of Title Under Indian Succession Act, 1925.

The petitioner, Smt. Shashikala A. Kisan Awad, filed a Notice of Motion seeking a direction to the respondent, Divisional Office, Central Railway, to ...

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Bombay High Court Dismisses Appeal Seeking Discharge from Undertaking in Consent Terms — Undertaking Given in Consent Terms Cannot Be Modified Unilaterally Without Proof of Fraud or Mistake.

The appeal arises from a judgment and order of the learned Single Judge dated 27 June 2011, dismissing a Notice of Motion taken out by the Appellants ...

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High Court of Karnataka Considers Challenge to Government Order Handing Over Mahabaleshwara Temple to Ramachandrapura Mutt. The Court Examines Validity of Revenue Department's Order Under Bombay Public Trust Act and Constitutional Provisions.

The matter involved a batch of writ petitions and writ appeals filed before the High Court of Karnataka at Bengaluru, including Writ Petition No.30609...

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Bombay High Court Allows Appeal Against Trial Court's Refusal to Deliver Judgment in Suit for Declaration of Share Under Muslim Personal Law. Trial Court Directed to Decide Suit on Merits Within Three Months.

The appellants-plaintiffs filed a suit in the City Civil Court, Mumbai, seeking a declaration of their ½ share in the assets of a deceased person und...