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Bombay High Court Dismisses Revision Against Execution Proceedings in Partition Suit — Decree Holder's Right to Execute Decree Not Barred by Limitation or Res Judicata. Execution Application Filed Within 12 Years Under Article 136 of Limitation Act, 1963 is Maintainable.

The petitioners, who were judgment-debtors in a partition suit, filed a Civil Revision Application challenging the order dated 16th April 2004 passed ...

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Bombay High Court Dismisses Petition Challenging Execution Order in Redemption Suit — Execution Court Has Power to Decide Nullity Objection. Decree Passed by Competent Court Is Not a Nullity and Execution Can Proceed.

The petitioner, original defendant No. 2 in a suit for redemption, challenged an order dated 17 August 2018 passed by the Civil Judge Junior Division,...

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Bombay High Court Hears Second Appeal Against Partition Decree; Challenge to Lower Appellate Court's Grant of 1/4th Share in Joint Family Properties. Plaintiff Claimed Share via Will but Court Rejected Will Yet Allowed Partition, Now Appellants Contend Family Settlement Extinguished All Shares.

The second appeal before the Bombay High Court arises out of a partition suit. The plaintiff, Smt. Sushila, filed a suit for declaration, partition, a...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed. Court held that no substantial question of law arose for interference under Section 100 of the Code of Civil Procedure, 1908.

The case is a second appeal arising from a suit for partition and separate possession filed by the original plaintiffs (respondents) against the origi...

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Bombay High Court Dismisses Suit by Minor Children Seeking to Set Aside Family Settlement — Memorandum of Family Settlement Held Binding as a Family Arrangement Under Contract Act and Specific Relief Act

The plaintiffs, four children of Madhupati and Anuradha Singhania (Defendants 1 and 2), filed a suit seeking cancellation of a Memorandum of Family Se...

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Bombay High Court Allows Second Appeal in Specific Performance Suit for Non-Compliance with Order 41 Rule 31 CPC. Lower Appellate Court's Judgment Set Aside for Failure to Frame Points for Determination, Matter Remanded.

The appellant, Tanaji Krishna Shinde, original defendant No. 2, challenged the judgment and decree passed by the lower appellate court in Regular Civi...