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High Court of Karnataka Dismisses Second Appeal in Property Dispute — Upholds First Appellate Court's Declaration of Ownership Based on Adverse Possession and Valid Title. Concurrent findings of fact not interfered with under Section 100 CPC as no substantial question of law arose.

The case involves a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, by the appellant (defendant in the original su...

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Madras High Court Dismisses Writ Petition Seeking Restraint on Mutation of Patta Records Pending Civil Suit. Petitioner’s Failure to Make Prior Representation Renders Writ of Mandamus Not Maintainable Under Article 226 of the Constitution of India.

The petitioner, Muthuvijayan, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, ...

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Supreme Court Sets Aside High Court Order for Non-Compliance with Procedural Requirements Under Order 22 Rule 5 CPC in Substitution of Legal Representatives. The High Court failed to consider pending substitution application and objections before determining legal representation.

The present appeals arise from an order in a pending Second Appeal before the Patna High Court. The dispute concerns the substitution of legal represe...

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High Court of Karnataka Allows Appeal in Succession Act Case — Order Granting Succession Certificate Set Aside for Lack of Notice to All Heirs. Failure to Issue Notice to Appellant Under Section 384 of Indian Succession Act, 1925 Violates Principles of Natural Justice.

The appellant, T. Nagendra Setty, filed an appeal under Section 384 of the Indian Succession Act, 1925, challenging the order dated 30.08.2023 passed ...

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Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

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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 Dismisses Petition Challenging Inclusion of Legal Heir in Redevelopment Scheme — All Legal Heirs Jointly Entitled to Permanent Alternative Accommodation Under Regulation 33(7) of DCR 1991, Non-Occupation Does Not Disentitle.

The petitioner, Aliasgar Razaali Zaboli, filed a writ petition challenging an order dated 25 January 2018 passed by the Chief Officer, Mumbai Building...

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High Court Hears Appeal and Cross-Objections Against Dismissal of Declaration Suit. Suit Filed by Brother of Deceased Religious Head for Declaration of Ownership of Property Allotted in 1952, Dismissed by Trial Court.

This Regular First Appeal and cross-objections arise from the judgment and decree dated 9 September 2005 passed by the Principal City Civil and Sessio...