Search Results for "Heirs and legal representatives"

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Gujarat High Court Allows Condonation of Delay in Substitution of Heirs in Civil Appeal. Delay of 1537 days condoned as sufficient cause shown for bringing legal representatives of deceased respondents on record in pending first appeal against decree under Order VII Rule 11 CPC.

The present application was filed by the applicants, Vikramsinh Kanjibhai and another, seeking condonation of delay of 1537 days in filing an applicat...

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Bombay High Court Allows Second Appeal in Partition Suit, Upholds Prior Partition Based on Unequal Division and Subsequent Conduct. Court holds that unequal partition does not invalidate severance of joint status and that subsequent alienations of individual shares indicate acceptance of prior partition.

The case involves a Second Appeal filed by the original defendants against a decree for partition and separate possession granted by the First Appella...

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High Court of Karnataka Allows Appeal in Insurance Nomination Dispute — Nominee Cannot Override Succession Rights Under Hindu Succession Act. Section 39 of Insurance Act, 1938 does not confer absolute title on nominee; nominee holds policy benefits as trustee for legal heirs.

The case involves a dispute between the appellant, Smt. Neelavva @ Neelamma, and the respondents, Smt. Chandravva @ Chandrakala @ Hema and her minor s...

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Bombay High Court Dismisses Writ Petitions Challenging Condonation of Delay and Setting Aside of Abatement in Civil Suit Kept Sine Die Pending Tenancy Issue. Legal Heirs Brought on Record in Connected Tenancy Proceedings Sufficient to Keep Suit Alive Under Section 58(2) of Goa Tenancy Act, 1964.

The petitioners, legal heirs of the original defendant Anand Visvambora Bandodkar, challenged the order of the First Appellate Authority dated 31.3.20...

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Bombay High Court Dismisses Application for Perjury Proceedings in Property Dispute — No Prima Facie Case of False Evidence Established Under Section 340 CrPC. Court Hears Accused on Preliminary Issue and Finds Allegations Unsubstantiated.

The judgment concerns a Civil Application filed under Section 340 read with Section 195 of the Code of Criminal Procedure, 1973, by Satyanarayan Nandk...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the District Judge, Satara, which c...

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Bombay High Court Dismisses Petition Challenging Abatement of Suit for Easement of Necessity. Failure to Bring Legal Representatives of Deceased Plaintiff Within Limitation Leads to Abatement of Entire Suit Under Order 22 Rule 3 CPC.

The petitioners, original plaintiffs 1 to 4 and 6, along with Banubai Hariba Mohite (original plaintiff no.5), filed Regular Civil Suit No.278 of 1981...