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Madras High Court Upholds Easement of Necessity Over Cart Track in Partition Dispute Between Brothers. Plaintiff Granted Declaration and Mandatory Injunction for Access to Landlocked Property Under Section 13 of Indian Easements Act, 1882.

The case involves two appeals arising from a suit between two brothers, T.M. Thiruvenkatasamy (defendant) and M.Sundararajan (plaintiff), concerning f...

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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 Second Appeal in Property Dispute Between Brothers — Concurrent Findings of Fact Not Interfered With. Suit for Possession and Injunction Dismissed as Plaintiff Failed to Prove Title and Encroachment.

The plaintiff, Bhagwatrao Randive, filed a suit for possession and permanent injunction against his brother, Panditrao Randive, alleging encroachment ...

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Bombay High Court Dismisses Partition Suit and Upholds Wills in Family Property Dispute. Wills and Codicils Executed by Testator and Testatrix Found Valid, No Undue Influence or Lack of Testamentary Capacity Established.

The judgment concerns a family dispute over the estate of Chimanlal Chinai and his wife Shardaben Chinai. The plaintiffs, legal heirs of Dinkar Chinai...

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Bombay High Court Dismisses Second Appeal Under Section 100 CPC, Upholding Concurrent Findings on Will and Possession. No Substantial Question of Law Arises as Findings of Fact Are Not Perverse.

The appellant, original defendant Jayawant (since deceased, represented by legal heirs), filed a second appeal under Section 100 of the Code of Civil ...

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Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court's Dismissal of Suit for Possession. Partition Deed of 1951 Held Not Proved, and Plaintiffs Failed to Establish Title and Possession Over Suit House.

The case involves a property dispute between two branches of the Lohi family. The plaintiffs, sons and daughter of late Sheshrao Lohi, filed a suit fo...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Invalidity of Sale by Co-owner Without Proof of Partition. Co-owner's Sale of Undivided Share Without Consent of Other Co-owners Held Invalid as No Prior Partition Was Established.

The case involves a second appeal by original defendants nos.1-3 against a decree for declaration and injunction passed by the lower appellate court. ...