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High Court of Bombay at Goa Allows Amendment of Plaint in Property Suit — Liberal Approach to Amendment Under Order 6 Rule 17 CPC Upheld. The court set aside the trial court's rejection of amendment application, holding that due diligence must be assessed reasonably and not mechanically.

The petitioners, Antonio Braganza and Aldila Braganza, filed a writ petition challenging the order dated 22.07.2015 passed by the learned Adhoc Senior...

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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Concurrent Findings on Oral Partition. Court holds that finding of oral partition in 1958 was perverse and that the Appellate Court erred in assuming that the deceased father acted as Karta of joint family.

This is a second appeal arising from a partition suit. The appellants, legal representatives of the original plaintiff Shankar Ganpati Jagtap, challen...

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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Concurrent Findings on Oral Partition. Court holds that finding of oral partition in 1958 was perverse and that the Appellate Court erred in assuming that the eldest son acted as Karta during father's lifetime.

The case involves a second appeal arising from a partition suit. The appellants, legal representatives of the original plaintiff Shankar Ganpati Jagta...

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Karnataka High Court Allows Writ Petitions Challenging Tribunal's Dismissal for Default Without Notice. Restoration of Application Ordered on Grounds of Violation of Natural Justice.

The petitioner, Vasantkumar, a Special Land Acquisition Officer in KIADB, Dharwad, filed two writ petitions under Articles 226 and 227 of the Constitu...

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Bombay High Court Allows Restitution to Judgment Debtor in Execution Case Despite Decree Modified Only as to Interest. Decree Holder Auction Purchaser Not Entitled to Protection Under Section 144 of Code of Civil Procedure, 1908.

The case involves a second appeal arising from a suit for recovery of money. The original plaintiffs (Respondent Nos. 1-3) filed Special Civil Suit No...

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High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Cannot Be Invoked After Decree Is Passed. Execution Court Erred in Staying Execution Based on Subsequent Suit Filed by Judgment Debtor After Decree.

The petitioners (decree holders) obtained a decree for possession in O.S. No. 79/2003 (originally O.S. No. 3/1971) against the respondent (judgment de...

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Karnataka High Court Decides Appeal by Bangalore Development Authority Against Injunction Decree in Land Acquisition Dispute. Court's Final Decision Not Reached in Provided Text as Judgment Excerpt is Incomplete.

The appeal arose from a suit for permanent injunction filed by the plaintiffs, brother and sister, claiming ownership and possession of land in Survey...

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Bombay High Court Dismisses Petitions Challenging Section 9A of Maharashtra Municipal Councils Act Requiring Caste Validity Certificate for Councillors. Provision Held Valid as It Is a Reasonable Classification to Prevent Fraud on Reservation and Does Not Violate Articles 14 and 243T.

The petitioners, elected councillors of Jalna Municipal Council from reserved categories, challenged the constitutional validity of Section 9A of the ...