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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 Dismisses Appeal in Family Property Dispute — Upholds Injunction Against Father from Alienating Joint Family Property. Minor Children's Suit for Partition Through Next Friend Held Maintainable Under Order 32 Rule 1 CPC.

The case involves a family dispute over property. The appellant, Ajay Kumar Garg, is the father and the respondents are his minor children (Avyaay Ani...

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Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

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Bombay High Court Allows Execution of Consent Decree for Sale of Property Through Court in Partition Suit. Court Directs Issuance of Warrant of Sale and Appointment of Commissioner to Distribute Proceeds Equally Between Co-Owners.

The plaintiff, Shri Anant Narayan Kajrolkar, filed a praecipe in a pending execution application seeking production of papers and proceedings to enabl...

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Bombay High Court Dismisses Appeal Against Rejection of Status Quo in Property Dispute. Trial court's refusal to continue interim protection upheld as plaintiff trust failed to establish prima facie case for injunction.

The appellants, Shree Vardhaman Sthanakvasi Jain Shravak Sangh – Dadar, a trust, filed a suit against the Municipal Corporation of Greater Mumbai, i...

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Bombay High Court Dismisses Appeal Against Rejection of Plaint in Suit for Specific Performance — Suit Barred by Limitation. The court held that the plaint must be rejected under Order VII Rule 11(d) CPC when the suit is clearly barred by limitation based on the averments in the plaint.

The appellant, Romesh Satyanarayan Sharma, filed a suit for specific performance of an agreement to sell dated 15.07.2005 against the respondents, Mrs...

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Bombay High Court Allows Appeal Against Rejection of Impleadment in Estate Administration Suit. Suit for Administration of Estate Does Not Abate on Death of Plaintiff, Legal Representatives Can Be Substituted.

The appeal arose from an order of a learned Single Judge of the Bombay High Court dated 20th March 2013, rejecting the appellant's application to be i...

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Bombay High Court Considers Appeal Against Conviction Under Sections 302 and 201 IPC in Circumstantial Murder Case. Court Rejects Objection to Composite Charge but Leaves Other Issues Open for Determination.

The appellant, Abdul Hannan Abdulhai Kadri, challenged his conviction under Sections 302 and 201 of the Indian Penal Code by the Adhoc Additional Dist...