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High Court of Karnataka Dismisses Appeal in Specific Performance Case — Ex-parte Decree Set Aside Due to Improper Service of Summons. First Appellate Court's Order Restored as Trial Court Failed to Comply with Order V Rule 17 CPC.

The appellant/plaintiff filed a suit for specific performance of contract (O.S.No.126/2007) alleging that the respondent/defendant executed an agreeme...

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High Court of Karnataka Considers Validity of Will in Partition Appeal After Handwriting Expert Finds Signatures Not of Testator. Appeal Challenges Trial Court’s Dismissal of Suit for Intestate Partition Based on Unproven Will Under Indian Succession Act.

The appeal arose from the judgment and decree dated 8.10.2009 passed by the Civil Judge (Sr.Dn.) and ACJM, Karkala, in O.S.No.134/2006, dismissing a s...

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Bombay High Court Examines Revocation of Consent Affidavits in Probate Suit Based on Misrepresentation and Duress. Court Finds Contradictory Evidence from Applicant Daughters, Noting Misrepresentation and Duress are Mutually Exclusive Defenses.

The dispute arose from the probate petition filed by Yohannan Thomas John, the executor of the Will of Ranchoddas Hiralal Agrawal, who died on 7 May 1...

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Bombay High Court Grants Unconditional Leave to Defend in Summary Suit for Diamond Recovery — Jangad Notes Held to Be Mere Acknowledgments of Entrustment Without Promise to Pay, Raising Triable Issues Under Order 37 CPC.

The plaintiff, Divyesh K. Kothari, filed a summary suit against M/s. Aatam Gems and its partners (defendants) for recovery of Rs.25,67,850/- with inte...