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Bombay High Court Allows Appeals in Specific Performance Suit — Agreement to Sell Not Proved, but Alternative Relief of Damages Granted. Court holds that failure to prove agreement does not bar claim for earnest money refund under Section 22 of Specific Relief Act, 1963.

The appellant, an architect, filed three suits for specific performance of agreements to sell immovable property against Gustavo Pinto and Lucio Miran...

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High Court of Karnataka Allows Writ Petition Challenging Mutation Entry in Land Records — Dispute Over Agricultural Land Inheritance and Partition Among Muslim Heirs. Mutation Entry Does Not Confer Title; Petitioners Entitled to Joint Possession as Co-Sharers Under Muslim Personal Law.

The petitioners, legal representatives of Syed Mohiuddin Ali @ Modin Ali, filed a writ petition challenging the mutation entry made in the revenue rec...

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High Court of Bombay at Goa Adjudicates Writ Petitions Against Dismissal of Amendment Applications in Civil Suit. Dispute Involves Plea of Fraud in Consent Decree and Applicability of Procedural Bars under the Code of Civil Procedure, 1908.

The judgment arises from three writ petitions challenging a common order dated 30.10.2015 passed in Special Civil Suit No. 89/2006/B by the Civil Judg...

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High Court of Karnataka, Dharwad Bench Adjudicates Regular First Appeal and Cross Objection Against Trial Court's Partial Decree in Suit for Declaration and Injunction. Court Addresses Maintainability, Adoption Validity, and Ancestral Property Claims.

The Regular First Appeal and Cross Objection arose from a judgment and decree of the Principal Senior Civil Judge, Bagalkot, in O.S. No.57/2010, a sui...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Daughter's Right to 1/6th Share in Self-Acquired Property. The court held that the suit properties were self-acquired by the mother and not ancestral, and that daughters are entitled to equal share under Hindu Succession Act, 1956.

The case involves a Regular First Appeal filed by Defendant Nos. 1 and 5, father and son, against the judgment and decree dated 18.12.2015 passed by t...

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High Court of Karnataka Sets Aside Trial Court Order in Final Decree Proceedings for Lack of Jurisdiction — Order on I.A.Nos.15, 16 and 17 in FDP No.2/2008 Quashed for Exceeding Scope of Preliminary Decree and Violating Principles of Natural Justice.

The present writ petition was filed by the petitioners (defendants in the original suit) challenging the order dated 10.06.2022 passed by the learned ...

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Bombay High Court Dismisses Appeals in Partition Suit — Upholds Finding That Properties Were Self-Acquired. Daughters Granted Equal 1/6th Share Under Hindu Succession Act, 1956 as Father Died Intestate.

The case involves a partition suit filed by three daughters (Plaintiffs) against their brother (Defendant No.1) and others, seeking a share in propert...