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Bombay High Court Frames Preliminary Issue of Limitation in Partition Suit Over Property Bequeathed by Will. Plaintiffs Claim Share in Villa Bemvinda and Challenge Development Agreement After Probate Was Granted and Revocation Petition Dismissed.

The dispute arose over Villa Bemvinda, a property in Bandra, Mumbai, originally owned by Andrew D'Cunha. He executed a will on 20.2.1971 bequeathing t...

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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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Bombay High Court Full Bench Holds Trial Court Can Frame Preliminary Issue Under Section 9-A CPC Disposing of Suit in Part. The Court interprets Section 9-A of the Code of Civil Procedure, 1908 (Maharashtra Amendment) to allow partial disposal of suit or cause of action on preliminary issue of jurisdiction.

The Full Bench of the Bombay High Court was constituted to answer a reference on whether a trial court, under Section 9-A of the Code of Civil Procedu...

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High Court of Karnataka Hears Batch of Writ Petitions Challenging Land Acquisition Notifications for Nadaprabhu Kempegowda Layout. Petitioners Seek Quashing of Preliminary and Final Notifications Issued Under the BDA Act and the Land Acquisition Act.

A batch of writ petitions filed under Articles 226 and 227 of the Constitution of India came before the High Court of Karnataka at Bangalore, presided...

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High Court of Karnataka Hears Writ Petition Challenging Land Acquisition Notifications for Nadaprabhu Kempegowda Layout. Petitioners Seek to Quash Preliminary and Final Notifications Issued Under Land Acquisition Act, 1894 and BDA Act, 1976 for Scheme Area.

The judgment is from the High Court of Karnataka, presided over by Justice Anand Byrareddy, dated 11th July 2014. It pertains to a batch of writ petit...

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High Court of Karnataka Quashes Appointment of Commissioner in Final Decree Proceedings for Lack of Notice to Defendants. Order 26 Rule 9 CPC requires notice to all parties before appointing a commissioner for partition, and failure to do so vitiates the order.

The petitioners, who were defendants in a final decree proceeding (FDP No. 2/08) before the Principal Civil Judge, Bijapur, challenged an interim orde...