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High Court of Karnataka Allows Writ Petition Challenging Trial Court Order on Memo for Additional Issues in Suit for Partition and Injunction. Court Holds That Trial Court Erred in Rejecting Memo Without Considering Its Merits and That the Memo Was Not Barred by Res Judicata or Constructive Res Judicata.

The petitioners, who are the plaintiffs in O.S. No.30/2007 pending before the Principal Civil Judge and JMFC, Gowribidanur, filed a suit for partition...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when courts below have concurrently found that suit property is joint family property and plaintiff is entitled to share.

The present second appeal was filed by the original defendants No.2 to 4 against the judgment and decree passed by the District Judge, Latur, in Regul...

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High Court of Karnataka Dismisses Husband's Appeal for Divorce on Grounds of Cruelty and Desertion — Allegations Not Proved Under Section 13(1)(i-a)(i-b) of Hindu Marriage Act, 1955. Wife's temporary stay at parental home and filing of maintenance petition do not constitute cruelty or desertion.

The appellant-husband, Shri Amit, filed a petition under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955, seeking dissolution of his marr...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Evidence and Unreliable Witnesses. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Hari Sambhaji Bodare, was convicted by the trial court for the murder of his brother Bhanudas under Section 302 IPC and sentenced to li...

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High Court of Karnataka Dismisses Partition Appeal Due to Adoption — Plaintiff Ceased to Be Coparcener After Valid Adoption Under Hindu Law. Adoption by Maternal Aunt and Her Husband Severed All Ties with Natural Family, Barring Claim to Ancestral Property.

This is a plaintiff's first appeal against the dismissal of his suit for partition and separate possession of a 1/6th share in a house property, and f...