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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Declaration of Ownership and Injunction — No Substantial Question of Law Arises Under Article 227 of the Constitution of India.

The petitioners, Balasaheb Lalasaheb Jadhav and others, filed a writ petition under Article 227 of the Constitution of India before the Bombay High Co...

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Bombay High Court Dismisses Revision Application Challenging Restoration of Suit in Property Dispute — Plaint Not Barred by Res Judicata or Specific Relief Act. New Cause of Action Arising from Assignment of Lease Justifies Fresh Declaratory Suit Under Order 7 Rule 11 CPC.

The case involves a long-standing property dispute over a plot of land in Naigaon, Dadar, Mumbai. The original lessee, Goswami Maharaj, granted a 999-...

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Bombay High Court Upholds Trial Court Order Allowing Counter Claim in Partition Suit — Order VIII Rule 6A CPC Permits Filing Before Expiry of Time for Defence. Counter claim filed after written statement but within time for delivering defence is maintainable under Order VIII Rule 6A CPC.

The petitioners, Pradeep Kashinathrao Kalyankar and Sow. Pramila Pradeep Kalyankar, filed a Regular Civil Suit (RCS No. 136 of 2013) seeking a declara...

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High Court of Karnataka Allows Daughters' Partition Suit Against Alienation by Father — Sale Deed Set Aside as Not Binding on Coparcenary. Daughters are coparceners by birth under Section 6 of Hindu Succession Act, 1956, and alienation without legal necessity is invalid.

The appellants, three daughters of Mallikarjuna Balikai, filed a suit for partition and separate possession of suit properties and for a declaration t...

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Bombay High Court Dismisses Writ Petition Challenging Return of Appeal Memo for Lack of Pecuniary Jurisdiction. Forum of appeal determined by valuation in decree, not plaint valuation under Section 8 of Suits Valuation Act, 1887 and Section 6 of Bombay Civil Courts Act, 1869.

The petitioners, original plaintiffs, filed Regular Civil Suit No.1171 of 2006 seeking declaration that a gift deed dated 10/11/2005 executed by defen...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Finding of Equal Shares Based on Sale Deed and Revenue Records. Co-ownership established by joint purchase; plaintiff's claim of 70% share rejected for lack of evidence.

This is a defendant's appeal against a judgment and decree dated 28.07.2009 passed by the XV Additional City Civil Judge, Bangalore City, in O.S.No.58...

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Supreme Court Allows Appeal in Will Dispute Case — High Court's Reversal of Trial Court's Preliminary Decree Set Aside. Registered Will Fails to Meet Attestation Requirements Under Section 63(c) of Indian Succession Act, 1925 and Section 68 of Evidence Act, 1872.

The case concerns a dispute over a tenement originally allotted to Suhagwanti Devi, the wife of late Harbans Lal, under a redevelopment scheme. After ...