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Bombay High Court Grants Probate of Will After Rejecting Allegations of Unsound Mind, Undue Influence, and Unnatural Disposition. Execution Proved by Attesting Witnesses Despite Minor Inconsistencies; Burden of Proving Invalidity Not Discharged by Caveator Under Indian Succession Act, 1925.

The case involved a testamentary suit filed by the executors of the will of Rajendra Singh Kushwaha, who died in Mumbai on 18th December 2009. The pla...

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Karnataka High Court Allows Partition Appeal in Co-owner Dispute — Rejects Adverse Possession Claim. Court holds that a co-owner cannot claim adverse possession against another co-owner without ouster, and a suit for partition is not barred by limitation under Article 65 of the Limitation Act, 1963.

The case involves a family dispute over property originally owned by M.A. Mohammed Ayoob. The appellant, Mohammed Hussain, filed a suit for partition ...

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Bombay High Court Allows Husband to Lead Evidence First in Property Dispute with Wife — Order 18 Rules 1 and 2 CPC Interpreted. Husband Must Prove His Case as He Would Be Defeated if No Evidence Is Given, Given His Admission of Wife's Payment.

The case involves a property dispute between husband and wife. The wife filed a petition seeking a declaration that she is the sole owner of one of tw...

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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

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Karnataka High Court Hears Regular First Appeal Against Dismissal of Permanent Injunction Suit Over Agricultural Land. Suit Involves Claims of Ownership and Interference by Co-operative Societies and Site Owners Association.

The case originated from a suit for permanent injunction filed by the plaintiff against three defendant societies/associations concerning agricultural...

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Supreme Court Allows Appeal in Partition Suit, Restores Concurrent Findings of Courts Below. High Court Exceeded Jurisdiction Under Section 100 CPC by Reappreciating Evidence on Legal Necessity and Antecedent Debt.

The present appeal arises from a partition suit filed by the original plaintiff, Rengan Ambalam, seeking a 1/3rd share in joint family properties, par...