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High Court of Karnataka Dismisses Second Appeal in Property Declaration Suit — Concurrent Findings of Ownership Based on Will Upheld. Court holds that concurrent findings of fact cannot be interfered with under Section 100 CPC unless perverse or based on no evidence.

The Regular Second Appeal was filed by the defendant-appellant against the concurrent judgment and decree of the Trial Court and First Appellate Court...

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Bombay High Court Grants Letters of Administration for Unattested Will of Sunni Muslim Testator — Section 63 of Indian Succession Act, 1925 Not Applicable to Muslims; Hanafi Law Does Not Require Attestation

The case concerns an uncontested petition for Letters of Administration with Will annexed filed in 1990, which remained pending for 31 years. The test...

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Bombay High Court Allows Appeal in Suit for Possession and Declaration of Title — Remand Order Set Aside for Failure to Decide Limitation and Jurisdiction Issues. First Appellate Court Must Decide All Issues Before Remanding Under Order 41 Rule 23 CPC.

The present appeal from order was filed by the original defendants challenging the judgment and order passed by the learned District Judge-12, Auranga...

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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholding Concurrent Findings of Joint Family Property. Court holds that a coparcener cannot bequeath or gift ancestral property by will or gift deed, and that the burden of proving partition lies on the party asserting it.

The case involves a second appeal filed by the defendants (appellants) against a decree for partition passed by the trial court and confirmed by the f...

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Karnataka High Court Dismisses Second Appeal in Property Declaration Suit — Concurrent Findings of Fact Not Interfered With. Suit for declaration of ownership and challenge to will dismissed as plaintiffs failed to prove title and possession.

The appellants, who were the plaintiffs in the original suit, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, ag...

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High Court of Karnataka Allows Writ Petition to Frame Additional Issues in Suit for Declaration and Possession — Order 14 Rule 5 CPC Requires Issues on All Material Facts Including Adoption and Will

The petitioner, Sri Armugam, filed a suit for declaration of ownership and recovery of possession in respect of suit property, claiming to be the succ...