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Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

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High Court of Karnataka Allows Appeal in Property Dispute — Sale Deed by GPA Holder Without Authority Declared Void. Court holds that a General Power of Attorney must expressly authorize sale of immovable property and that the burden of proving authority lies on the party relying on the GPA.

The case involves a regular first appeal filed by the defendants against the judgment and decree dated 24.02.2012 in O.S.No.2405/2010 passed by the XI...

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Bombay High Court Allows Appeal in Property Dispute — Sets Aside Decree for Specific Performance. Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The appellant, Mrs. Kiran Nashine, filed two appeals against the judgment and decree dated 30.09.2009 passed by the Joint Civil Judge, Senior Division...

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Bombay High Court Allows Appeal in Probate Caveat Case — Real Brother Has Caveatable Interest as Creditor and Under Family Settlement. Section 284 of Indian Succession Act, 1925 interpreted to include persons with slight interest in estate.

The case involves an appeal against an order of a learned single Judge of the Bombay High Court dismissing a caveat filed by the appellant, Purushotta...

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High Court of Karnataka Considers Second Appeals Challenging Common Judgment Declaring Sale Deed Null and Void and Granting Possession. The Appeals Arise from Disputes Over Validity of Registered Sale Deed, Limitation for Declaration, and Non-Consideration of Additional Evidence Application.

Two second appeals were filed under Section 100 of the Code of Civil Procedure, 1908 against the common judgment and decree of the VII Additional Dist...

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High Court of Karnataka Considers Quashing of Criminal Proceedings for Offences of Forgery and Cheating in Property Dispute; Private Complaint Alleged to Mirror Civil Suit for Possession

The High Court of Karnataka, Dharwad Bench, dealt with a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) s...