Search Results for "decree absolute"

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Karnataka High Court Allows Second Appeal and Remands Suit for Recovery of Possession for Fresh Adjudication; First Appellate Court's Decree Set Aside for Failure to Frame Points for Determination and Properly Prove Wills under Evidence Act.

The case arose from a regular second appeal filed by the legal representatives of the original defendant against the judgment of the first appellate c...

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Bombay High Court Dismisses Pre-emption Claim Under Section 22 of Hindu Succession Act, 1956 — Testamentary Succession Bars Intestate Right. Property Devolution by Will Excludes Statutory Right of Pre-emption as Section 22 Applies Only to Intestate Property.

The case involves a dispute over a suit property (Plot No.21, Laxmi Nagar, Nagpur) originally purchased by late Kashinath Subhedar in the name of his ...

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Karnataka High Court Considers Appeal Against Trial Court Decree Holding Sale Deed Not Binding — Power of Attorney Authority Central Issue. Trial Court Decree Under Section 96 CPC Challenged on Grounds of Valid Agency and Sale Agreement.

The High Court of Karnataka, Dharwad Bench, heard a regular first appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment a...

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High Court of Karnataka Dismisses Second Appeal in Property Suit, Upholds Appellate Court's Finding of Adverse Possession. The court held that the appellants failed to prove title and that the respondents had perfected title by adverse possession over the suit property.

The case involves a Regular Second Appeal filed by the appellants (original plaintiffs) against the judgment and decree of the Senior Civil Judge and ...

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Bombay High Court Allows Second Appeal in Partition Suit — Declares Adopted Son's Alienations Not Binding on Widow's Share. Hindu Succession Act, 1956 Sections 14 and 6 applied to protect widow's pre-existing right of maintenance and partition.

The case involves a second appeal by the legal heirs of the original plaintiff, Housabai, against the judgment and decree of the 3rd Additional Distri...

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Supreme Court Allows Appeal in Possession Suit Based on Registered Sale Deed — Title Not Extinguished by Subsequent Mutation or Revenue Entries. Registered sale deed confers absolute title and possession; subsequent revenue entries or mutation do not affect title unless set aside by competent court.

The appeal arises from a suit for possession filed by the plaintiff-appellant (since deceased, represented by legal representatives) against the defen...

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Supreme Court Dismisses Third-Party Claim in Execution Proceedings -- Appellant Fails to Remove Property Attachment for Arbitral Award Recovery -- Mother of Company Director Cannot Defeat Creditor's Rights as Post-Award Purchaser

The Supreme Court upheld the attachment of property in execution of an arbitral award, rejecting the third-party claim by Appellant who had purchased ...