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Bombay High Court Allows Petition in Partition Suit — Remands for Framing of Limitation Issue. Order 41 Rule 25 CPC empowers appellate court to frame additional issue when trial court fails to frame issue on limitation despite plea raised in written statement.

The petitioner, Latif Karim Sahab Shaikh, filed a writ petition challenging the order dated 09.06.2022 passed by the Adhoc District Judge-2, Bhoom, re...

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Supreme Court Reverses High Court's Decision in Property Title Dispute Due to Lack of Evidence on Power of Attorney. Concurrent Findings of Lower Courts Restored as Plaintiffs Failed to Prove Title and Compliance with Registration Act for Foreign-Executed Document.

The dispute originated from a civil suit filed by the original plaintiffs seeking declaration of title and recovery of possession over a property, all...

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Bombay High Court Upholds Husband's Right to Withdraw Consent in Mutual Divorce Case — Consent Withdrawal Permitted Before Final Decree Despite Settlement Before Marriage Counsellor Under Section 13-B of Hindu Marriage Act, 1955.

The petitioner-wife and respondent-husband married on 24.04.2012 and separated in March 2013. The husband filed a divorce petition on the ground of de...

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Bombay High Court Allows Decree Holder's Petition Challenging Executing Court's Order Permitting Judgment Debtor to Raise Pre-Decree Payment Defence. Pre-decree payments cannot be set up in execution under Section 47 CPC as they ought to have been raised in the suit.

The petitioner, Paackinindia, a registered partnership firm, obtained a decree in Special Summary Suit No. 58 of 2008 against the respondent, VSR Food...

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High Court of Karnataka Quashes Commission Order in Final Decree Proceedings Due to Lack of Jurisdiction and Non-Compliance with CPC Requirements. The court held that the trial court must first determine the mode of partition before issuing a commission under Order 26 Rule 9 CPC.

The petitioners, legal representatives of the original plaintiff Y.R. Lakshminarasimhaiah, filed a writ petition under Article 227 of the Constitution...

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High Court of Karnataka Quashes Commission Order in Final Decree Proceedings Due to Non-Compliance with Order 26 Rule 9 CPC. Suo Motu Issuance of Commission Without Application or Notice Held Invalid.

The petitioners, legal representatives of the original plaintiff, challenged an order dated 25.06.2018 passed by the Principal Senior Civil Judge, Chi...

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Bombay High Court Full Bench Interprets Prospective vs. Retrospective Operation of Amended Section 6 of Hindu Succession Act in Second Appeals. Court Examines Coparcenary Rights of Daughters Born Before and After 2005 Amendment and Whether Division Bench Decision Is Per Incuriam.

This matter came before a Full Bench of the Bombay High Court upon a reference by a learned Single Judge (R.G. Ketkar, J.) who doubted the correctness...

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WRIT PETITION (ST) NO. 1338 OF 2020

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