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Gujarat High Court Allows Amendment Application in Partition Suit — Holds That Adding Property and Changing Valuation Does Not Alter Nature of Suit. Amendment Under Order VI Rule 17 CPC Must Be Liberally Granted to Determine Real Controversy Between Parties.

The present petitions under Articles 226 and 227 of the Constitution of India were filed by the original plaintiffs (petitioners) challenging the orde...

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Bombay High Court Quashes Amendment Order in Partition Suit for Lack of Due Diligence — Amendment Sought After Trial Concluded and Final Arguments Commenced, Allowing Addition of 12 Properties and 19 Defendants, Held to Be an Abuse of Process Under Order VI Rule 17 CPC.

The petitioner, Dashrath Shiva Korlekar, legal heir of original Defendant No. 1 (Defendant No. 1C), challenged the order dated 22.02.2024 passed by th...

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Bombay High Court Dismisses Second Appeal in Property Possession Dispute — Concurrent Findings of Ownership and Possession Upheld. Court holds that no substantial question of law arises under Section 100 CPC when findings of fact are based on evidence and not perverse.

The case involves a property dispute between two brothers, Gulab (plaintiff) and Ajab (defendant no.2), over a building constructed on Municipal Plot ...

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Supreme Court Allows Partition Suit by Granddaughter of Former Ruler — Private Properties of Nawab of Rampur to Be Distributed Under Muslim Personal Law, Not Primogeniture. Merger Agreement Guarantee of Succession to Gaddi Does Not Cover Private Properties Declared Under Article 4.

The case concerns the succession to properties declared as private properties by Nawab Raza Ali Khan, the former ruler of Rampur, under the Merger Agr...

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Bombay High Court Dismisses Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Interfered With. Letters Patent Appeal against decree for possession and mesne profits dismissed as no substantial question of law or perversity found in concurrent findings of fact.

The present Letters Patent Appeal arises from a judgment and decree passed by a Single Judge of the Bombay High Court in First Appeal No. 133/1976, wh...

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High Court of Karnataka Allows Wife's Petition to Refer Nullity Proceedings to Mediation in Hindu Marriage Act Case — Emphasizes Mandatory Mediation Referral Under Section 12(1)(c) of Hindu Marriage Act, 1955 and Section 89 CPC.

The petitioner, Bhavana Ramaprasad, wife of Yadunandan Parthasarathy, filed a writ petition under Articles 226 and 227 of the Constitution of India ch...

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High Court of Karnataka Sets Aside Order Dismissing Compromise Petition in Partition Suit — Emphasizes Liberal Approach to Compromise Under Order XXIII Rule 3 CPC. Trial Court Failed to Examine Genuineness of Compromise and Consent of Parties, Leading to Remand for Fresh Consideration.

The petitioner, Shri K M Manjunath, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 05.01.2016 passed...