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Bombay High Court Dismisses Second Appeals Against Execution of Decree for Possession, Holding That Objectors Claiming Adverse Possession Must First Establish Their Own Independent Title. Order XXI Rule 97 CPC Objections Cannot Be Used to Re-litigate Title Already Decided Against the Judgment Debtor.

The present appeals arise from execution proceedings initiated by the decree holder (respondent No. 1) to enforce a decree for possession of land adme...

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High Court of Karnataka Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Interfered With. Suit for Declaration of Title and Injunction Dismissed as Plaintiff Failed to Prove Possession and Title Based on Registered Sale Deed.

The appellant/plaintiff filed a suit for declaration of title and permanent injunction in respect of three agricultural properties. He claimed to have...

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Bombay High Court Upholds Will and Grants Probate Despite Challenge of Undue Influence and Physical Disability; Exclusion of Earlier Beneficiaries and Change of Solicitors Found Not to Vitiate Testamentary Capacity Under Indian Succession Act, 1925.

The proceedings originated from a probate petition filed by the three executors of the last Will and Testament of Adreshir Khurshedji Wadia, dated 8th...

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Gujarat High Court Allows Petition Challenging Refusal to Certify Mutation Entry in Favour of Legal Heirs. Revenue Authorities Cannot Refuse Certification Based on Title Dispute; Mutation Entry Does Not Confer Title.

The petitioners, Dadbhai Amrubhai Varu and others, filed a Special Civil Application under Article 226 of the Constitution of India before the Gujarat...

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High Court of Judicature at Bombay Allows Second Appeal Challenging Partition Decree – Defendant No. 2 Contests Allocation of 1/4th Share in Suit Property

The second appeal arises from a suit for partition and separate possession filed by the respondents (original plaintiffs) against the appellant (defen...

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Bombay High Court Dismisses Testamentary Suit for Letters of Administration; Will Not Validly Executed Due to Suspicious Circumstances and Undue Influence. Holograph Will Dated 20 March 1980 Not Proved Under Section 69 of Indian Evidence Act, 1872; Propounder Failed to Remove Suspicious Circumstances.

The testamentary suit originated from a petition filed by the son of the deceased seeking Letters of Administration with the Will dated 20 March 1980....