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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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High Court of Bombay Hears Interim Application in Partition Suit Over Alleged HUF Properties. Plaintiff Seeks Injunction and Appointment of Court Receiver Pending Suit, Claiming Undivided Share Despite 2001 Affidavit Acknowledging Properties as Self-Acquired.

The present order arises from an Interim Application filed by the plaintiff, Variinder @ Rajan, in Suit No. 343 of 2022 before the High Court of Bomba...

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Bombay High Court Allows Partition Appeal in Hindu Succession Case — Daughter Entitled to Equal Share in Ancestral Property. Court holds that a married daughter is a coparcener under the Hindu Succession Act, 1956, and notional partition cannot defeat her rights.

The case involves a dispute over ancestral properties between a sister (respondent/plaintiff) and her brother's family (appellants/defendants). The re...

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Bombay High Court Frames Preliminary Issue of Limitation in Partition Suit Over Property Bequeathed by Will. Plaintiffs Claim Share in Villa Bemvinda and Challenge Development Agreement After Probate Was Granted and Revocation Petition Dismissed.

The dispute arose over Villa Bemvinda, a property in Bandra, Mumbai, originally owned by Andrew D'Cunha. He executed a will on 20.2.1971 bequeathing t...

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Bombay High Court Dismisses Appeals in Partition Suit — Upholds Finding That Properties Were Self-Acquired. Daughters Granted Equal 1/6th Share Under Hindu Succession Act, 1956 as Father Died Intestate.

The case involves a partition suit filed by three daughters (Plaintiffs) against their brother (Defendant No.1) and others, seeking a share in propert...

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High Court of Karnataka Examines Validity of Government Order Handing Over Mahabaleshwara Temple Administration to Ramachandrapura Mutt. Petitioners Allege Violation of Rights as Registered Trust and Seek Restoration of Previous Board of Trustees Under Articles 226 and 227 of Constitution.

Multiple writ petitions and writ appeals were filed before the High Court of Karnataka at Bengaluru challenging Government Order No. KAM.E.56 MU.A.B. ...

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Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession. Will dated 27-05-1985 held not binding on plaintiff as it was not proved to be the last will of the testator.

The present appeal arises from a judgment and decree dated 06-12-2013 passed by the XXVIII Additional City Civil Judge at Mayo Hall Unit, Bangalore, i...