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Bombay High Court Dismisses Writ Petition Challenging Executing Court's Refusal to Reopen Partition Decree Based on Will. Executing Court Cannot Go Behind a Final Decree to Redetermine Shares on Basis of Alleged Will Produced After Decree Became Absolute.

The Bombay High Court dismissed a Writ Petition challenging the order of the Executing Court rejecting an application for framing of issues and modifi...

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Bombay High Court Dismisses Application for Withdrawal of Suit by Legal Representatives in Property Dispute — Held That Executors of Deceased Plaintiff's Will Are Necessary Parties and Suit Cannot Be Withdrawn Without Their Consent

The case involves a Notice of Motion filed by H.H. Jyotiraditya Madhavrao Scindia and Smt. Madhavi Raje Madhavrao Scindia, who are legal representativ...

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Supreme Court Allows Appeal in IBC Case: CIRP Not a Substitute for Execution of Civil Court Decree. Insolvency and Bankruptcy Code, 2016 — Section 7 — Financial Debt — Decree Holder Cannot Bypass Execution Process.

The Supreme Court allowed the appeal filed by Appellants against the order of the NCLAT which had directed admission of a Section 7 petition under the...

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Karnataka High Court Hears Appeal Against Trial Court Decree for Declaration and Possession of Party Premises; Issues of Maintainability of Representative Suit and Effect of Election Commission Recognition on Property Rights Considered

The dispute concerns premises No.3, Race Course Road, Bangalore, claimed by the Indian National Congress through its Karnataka Pradesh Congress Commit...

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High Court of Karnataka Delivers Judgment in Regular Second Appeal Under Section 100 CPC Regarding Poojaraki Rights and Injunction. Appeal Filed by Defendants Against Concurrent Decrees of Lower Courts Partly Decreeing Suit for Declaration and Permanent Injunction.

The case concerned a dispute among the Bhavi family members, who are hereditary pujaris of the Prabhudev temple in Terdal, Jamakhandi. The plaintiffs,...

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High Court of Karnataka Quashes Tahsildar's Endorsement Rejecting Mutation Entry for Land Granted Under Section 94 of Karnataka Land Revenue Act, 1964. Revenue Authorities Cannot Adjudicate Title or Validity of Grant in Mutation Proceedings; Mutation Entries Are Only for Fiscal Purposes.

The petitioners, five individuals, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at...

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Bombay High Court Dismisses Writ Petitions Challenging Arbitral Award in Share Dispute — No Grounds for Interference Under Section 34 of Arbitration Act. Court upholds award rejecting claim for specific performance of oral agreement to transfer shares, finding no valid contract and no limitation bar.

The petitioner, Vijay Shivram Pathare, filed two writ petitions under Article 226 of the Constitution of India challenging an arbitral award dated 30 ...