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Karnataka High Court Dismisses Second Appeal in Property Declaration Suit — Concurrent Findings of Fact Not Interfered With. Suit for declaration of ownership and challenge to will dismissed as plaintiffs failed to prove title and possession.

The appellants, who were the plaintiffs in the original suit, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, ag...

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Bombay High Court Dismisses Appeals in Partition Suit — Upholds Finding That Properties Were Self-Acquired. Daughters Granted Equal 1/6th Share Under Hindu Succession Act, 1956 as Father Died Intestate.

The case involves a partition suit filed by three daughters (Plaintiffs) against their brother (Defendant No.1) and others, seeking a share in propert...

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Bombay High Court Dismisses Revision Filed by Brother-in-Law Against Order Granting Right of Residence to Widow and Minor Son Under Domestic Violence Act. Statutory Right of Residence in Shared Household Cannot Be Defeated by a Will Under Section 17 of Protection of Women from Domestic Violence Act, 2005.

The case involves a criminal revision application filed by Ashish Chauhan challenging the judgment and order dated 17.8.2022 passed by the Additional ...

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Bombay High Court Dismisses Appeal Against Rejection of Plaint in Specific Performance Suit for Non-Disclosure of Cause of Action. Plaint Must Contain Material Facts Constituting Complete Cause of Action; Mere Filing of Suit Does Not Entitle Plaintiff to Interim Relief.

The case involves an appeal against an order rejecting the plaint in a suit for specific performance. The appellants, who were members of an associati...

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Bombay High Court Allows Second Appeal in Specific Performance Execution Dispute — Maintainability of Appeal Under Section 47 CPC Clarified. Court holds that an order rejecting objection under Section 47 CPC is a decree appealable under Section 96 CPC, not revisable under Section 115 CPC.

The present second appeal is filed by the appellant, original plaintiff, aggrieved by the judgment and decree passed by the learned District Judge-9 a...

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High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order in Civil Suit — No Jurisdictional Error Found in Rejection of Application Under Order 7 Rule 11 CPC. The court held that the trial court's order was a plausible view and did not warrant interference under Article 227.

The petitioners, who are defendants in a civil suit, filed a writ petition under Article 227 of the Constitution of India challenging the order dated ...

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Bombay High Court Allows Trustees to Sell Trust Property Despite Absence of Express Power in Trust Deed. Trustees' Inherent Power to Alienate Trust Property for Beneficial Administration Upheld Under Bombay Public Trusts Act, 1950.

The petitioners, trustees of Shah Mulji Deoji Charitable Trust, Nagpur, filed a writ petition challenging the order of the Joint Charity Commissioner,...