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Bombay High Court Dismisses Petition for Revocation of Probate in Testamentary Matter — No Caveat Filed, No Caveatable Interest Shown. Court holds that a person who has not filed a caveat and has no caveatable interest cannot seek revocation of probate under Section 263 of the Indian Succession Act, 1925.

The case pertains to a petition for revocation of probate filed by Radhika Bhargava and others (petitioners) against Arjun Sahgal and others (responde...

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Bombay High Court Allows Revision Against Rejection of Obstruction Application in Execution Proceedings — Emphasizes Mandatory Inquiry Under Order 21 Rule 97 CPC. Third Party Claimants Entitled to Full Inquiry Before Executing Court When They Assert Possession and Interest in Decree Property.

The case involves a civil revision application filed by Indubai D. Kothawale and others (the applicants) challenging an order dated 16 October 2023 pa...

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Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit. Plaint Discloses Cause of Action and Suit Not Barred by Limitation Under Article 54 of Limitation Act, 1963.

The case involves an interim application filed by the defendants in a commercial suit for specific performance. The plaintiff, Rajdhani Textiles Pvt. ...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses. Execution of Agreement Not Duly Proved Under Section 68 of the Evidence Act, 1872, as Attesting Witnesses Were Not Examined.

The case involves a suit for specific performance of an agreement to sell dated 01.06.2005 filed by the respondent-plaintiff (Ashish Jain) against the...

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Bombay High Court Dismisses Appeal in Probate Case, Holding Injunction Not Maintainable in Testamentary Proceedings. Executor Must Seek Property Protection Before Civil Court, Not in Probate Petition Under Indian Succession Act, 1925.

The appellant, Ramchandra Ganpatrao Hande, filed a testamentary petition seeking probate of a will allegedly executed by Sushila Vithalrao Hande on 2 ...

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Bombay High Court Allows Restitution to Judgment Debtor in Execution Case Despite Decree Modified Only as to Interest. Decree Holder Auction Purchaser Not Entitled to Protection Under Section 144 of Code of Civil Procedure, 1908.

The case involves a second appeal arising from a suit for recovery of money. The original plaintiffs (Respondent Nos. 1-3) filed Special Civil Suit No...

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High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Courts Below. No Substantial Question of Law Arises Under Section 100 CPC as the Defendant Failed to Show Perversity in the Findings of Fact.

The case involves a second appeal filed by the defendant in a suit for specific performance. The original plaintiff had filed OS 198/1991 for specific...