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High Court of Karnataka Allows Second Appeal in Partition Suit — Reopening of Partition Permitted Due to Non-Inclusion of Joint Family Property. The Court held that a prior partition decree not binding on the plaintiff as she was not a party and the property was joint family property.

The appellant, Monakka Shinde, filed a suit (O.S. 370/2004) for reopening of partition, declaration, and injunction against her sons, Maruti Shinde an...

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Bombay High Court Grants Probate of Will in Testamentary Suit — Execution and Attestation Proved Despite Suspicious Circumstances. Handwriting Expert and Attesting Witness Evidence Accepted to Establish Validity of Will Under Section 63 of Indian Succession Act, 1925.

The suit was filed by Vibhushit Trivedi, the sole surviving executor, seeking probate of the last Will and testament of Chhotalal Karunashankar Trived...

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Bombay High Court Considers Maintainability of Commercial Appeals Against Interim Orders in Trademark Infringement Suits. Preliminary Objection Raised That Orders Impugned Do Not Fall Within Appealable Categories Under Section 13(1A) of Commercial Courts Act, 2015 as Amended.

These two commercial appeals were filed by the original defendants in intellectual property suits pending before the Bombay High Court. The suits, ins...

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High Court of Karnataka Dismisses Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. The appellant failed to prove title and possession, and no substantial question of law was raised.

The case involves a second appeal filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated 10.11.2006 ...

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Bombay High Court Upholds Will in Testamentary Suit — Dismisses Caveat by Other Heirs. Will dated 3rd December 1988 executed by deceased Hiroo @ Hiraji Laxman Jadhav proved as last Will and Testament; letter of administration granted to plaintiffs.

The case involves a testamentary dispute concerning the Will of Hiroo @ Hiraji Laxman Jadhav, who died on 3rd December 1988. The plaintiffs, Subhash H...

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Bombay High Court Upholds Will in Testamentary Suit, Dismisses Caveat by Heirs. Court Declares Will Dated 3rd December 1988 as Valid Last Will and Testament of Deceased Hiroo @ Hiraji Laxman Jadhav, Orders Issuance of Letter of Administration.

The case pertains to a testamentary dispute concerning the Will of deceased Hiroo @ Hiraji Laxman Jadhav. The plaintiffs, Subhash Hirji Jadhav and his...

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Bombay High Court Allows Petition in Execution Proceedings - Limited Inquiry Under Order 21 Rule 101 CPC. Executing Court Not Required to Conduct Full-Fledged Trial When Obstruction is Ex Facie Baseless; Summary Rejection Permissible.

The Bombay High Court addressed the scope of inquiry to be conducted by an Executing Court under Order 21 Rule 101 of the Code of Civil Procedure, 190...