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Karnataka High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed. Court holds that no substantial question of law arises under Section 100 CPC when findings are based on appreciation of evidence and not perverse.

The original plaintiff, B. Jayamma, filed a suit for partition of suit schedule property claiming to be the wife of late Bheemaiah and daughter of lat...

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Karnataka High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed. Court holds that no substantial question of law arises under Section 100 CPC where courts below concurrently found plaintiff not to be the legally wedded wife of deceased.

The case involves a second appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 16.04.2004 passe...

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Bombay High Court Pronounced Judgment in Writ Petition No.6998 of 2021 Addressing Consent Requirements Under MOFA for Construction on Amalgamated Land. The Court Framed Issues on Informed Consent Under Section 4 and Applicability of Section 7A of the Maharashtra Ownership of Flats Act, 1963.

Background: The case involves a dispute over construction of an additional building 'E' in the 'Eves Garden' housing scheme at Mundhawa, Pune. The pet...

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Bombay High Court Allows Appeal Against Receiver's Appointment in Embezzlement Suit. Third Party Claimants Not Party to Suit Cannot Have Receiver Appointed Over Their Properties Without Trial.

The appeal arose from an order dated 5th September 2019 passed by a learned Single Judge (R.I. Chagla J.) on a motion filed by the original plaintiff ...

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Bombay High Court Dismisses Petition for Revocation of Probate Due to Inordinate Delay and Lack of Grounds. Petitioners failed to establish any ground for revocation under Section 263 of the Indian Succession Act, 1925, as they were aware of the probate for over 30 years.

The petitioners, who are heirs of the deceased Andrew Satiro D'Cunha, filed a petition under Section 263 of the Indian Succession Act, 1925, seeking r...

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High Court of Karnataka Dismisses Revision Petition in Family Court Suit — Order VII Rule 11(d) CPC Application Rejected. Plaint Not Barred by Limitation as Cause of Action is Continuing Wrong Under Section 23 of Limitation Act, 1963.

The petitioner, Adamsaheb, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging the order dated 15.07.2...

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Bombay High Court Allows Tenant's Writ Petition in Eviction Case Based on Denial of Title — Rent Controller's Order Restored. Landlady's eviction application dismissed as denial of title was not bona fide and tenant continued to pay rent.

The dispute pertains to a residential house in Panaji, Goa, leased by Antonio Neri Francisco Fernandes to Chintamona Boirov Moralkar in 1952. After Ch...

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Bombay High Court Dismisses Appeal Against Return of Plaint in Trust Dispute Due to Lack of Jurisdiction. Civil Court Cannot Entertain Suit Relating to Public Trust Administration When Exclusive Remedy Lies Before Charity Commissioner Under Sections 80 and 50 of Bombay Public Trust Act, 1950.

The appellants, original plaintiffs, filed a suit in the City Civil Court, Mumbai, seeking various reliefs against the trustees of Respondent No.3 Tru...

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Bombay High Court Allows Appeal Against Refusal of Injunction in Municipal Demolition Case — Structure Claimed to Be Pre-1962 Protected Property. Court Holds That Prima Facie Case for Interim Relief Exists Where Structure Allegedly Existed Prior to Cut-Off Date Under Section 351 of MMC Act, 1888.

The appellant, M/s Masjid Wa Madrasa Fatimatu Zohra (Ra) Trust, filed an appeal against an order of the City Civil Court, Mumbai, dated 21 September 2...