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Madras High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Lack of Evidence on Marriage and Possession. The court held that the plaintiffs failed to prove the marriage of Muniyappa with Thimmakka and their joint possession, reversing the first appellate court's decree.

The case involves a partition suit filed by the respondents/plaintiffs claiming 13/20th share in the suit property originally purchased by G.B. Muniya...

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Supreme Court Dismisses Appeals in Joint Family Property Partition Dispute -- Upholds Concurrent Findings on Property Status and Invalidates Alienations and Testamentary Disposition

The Supreme Court dismissed appeals challenging concurrent findings in a partition suit involving 79 agricultural properties. The Court upheld the det...

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Bombay High Court Dismisses Probate Suit as Attesting Witnesses Deny Testator's Presence During Execution. Will Not Proved in Solemn Form Due to Non-Compliance with Section 63(c) of Indian Succession Act, 1925.

The dispute concerned the estate of Sahadev Deraj Shah, who died on 5th January 1998. His second wife, Shobhana, and the executors propounded a Will d...

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Bombay High Court Allows Executor's Application for Probate in Will Dispute — Caveat Dismissed for Lack of Interest. Court held that a caveator claiming under an unproduced Will has no caveatable interest under Section 284 of the Indian Succession Act, 1925.

The case involves a Notice of Motion filed by Daya Subhash Tiwari, the applicant and original petitioner in a probate petition, seeking dismissal of a...

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Bombay High Court Dismisses Appeal Against Order Refusing to Set Aside Ex-Parte Decree in Suit for Specific Performance — Held That Application Under Order 9 Rule 13 CPC Was Not Maintainable as the Decree Was Not Ex-Parte But on Merits After Written Statement Was Filed.

The appellants, Jagdish Tukaram Mulik and others, filed an appeal against an order of the Civil Judge, Senior Division, Pune, dismissing their applica...