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Bombay High Court Dismisses Petition Challenging Amendment of Probate Schedule by Prothonotary. Prothonotary has power to allow amendment of schedule of assets in probate proceedings under Section 317 of Indian Succession Act, 1925.

The petitioners, Mukesh Ramanlal Gokal and Bharat Ramanlal Gokal, filed a petition under the Testamentary and Intestate Jurisdiction of the Bombay Hig...

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Bombay High Court Dismisses Suit Challenging Slum Land Acquisition as Barred by Section 42 of Maharashtra Slum Areas Act — Preliminary Issue of Bar of Suit Decided in Favor of Defendant No.5.

The suit was filed by the Plaintiffs seeking a declaration of ownership of a plot of land and challenging its acquisition by the State Government unde...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. Co-owner in possession cannot claim adverse possession against other co-owners without clear ouster; suit for partition not barred by limitation under Article 65 of Limitation Act, 1963.

The present regular second appeal arises out of a partition suit originally filed as O.S. No. 9/1993 on the file of the Munsiff & JMFC, Koratagere. Th...

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High Court of Karnataka Allows Appeal in Partition Suit — Rejects Plaint Rejection Under Order VII Rule 11 CPC. Suit for Partition and Separate Possession of Joint Family Property Not Barred by Limitation as Perpetual Right to Seek Partition Recognized Under Hindu Law.

The present Regular First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree dated 24.02...

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Bombay High Court Dismisses Second Appeal; Upholds Finding that Suit for Specific Performance Is Barred by Limitation. Court Rules Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 and Article 54 of Limitation Act, 1963.

The case arose from an agreement dated 6.10.1997 between the appellant, Rajesh Dayaldas Narwani, and the respondent, Kanayalal D. Bablani, whereby the...