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High Court of Karnataka Allows Second Appeal in Property Dispute Between Husband and Wife — Sale Deed by Wife Upheld as Valid. The court held that a Hindu wife has an independent right to alienate her share of property and that a child marriage does not automatically invalidate a subsequent sale.

The respondent, Mallayya, filed a civil suit (O.S. No.127/1994) seeking a declaration that he was the owner of land bearing Survey No.94/2B measuring ...

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Bombay High Court Allows Appeal in Probate Case Due to Propounder's Failure to Discharge Burden of Proof Regarding Testator's Title. The propounder of a will must establish the testator's title to the property; failure to do so results in dismissal of the probate application.

The appeal challenges the judgment and order dated 17-10-2004 passed by the Civil Judge Senior Division, Khamgaon in Probate Case No. 12 of 2010. The ...

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High Court of Bombay Hears Appeal Against Order in Execution Proceedings; Permits Power of Attorney Holder to Argue. Execution of Decree for Possession in Specific Performance Suit Involves Third Party Rights.

This appeal under Clause 15 of the Letters Patent read with Order XXI Rule 103 of the Code of Civil Procedure, 1908, challenged the order of a learned...

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Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Not Disturbed. Plaintiff failed to prove title and encroachment over 2 gunthas of land; courts below held that defendant had acquired title by adverse possession.

The plaintiff, Kisanlal Maniklal Rathi, filed a suit for possession of 2 gunthas of land from survey no. 75/4-A at Nandura, claiming ownership through...

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High Court of Karnataka Allows Second Appeal in Partition Suit — Reopening of Partition Permitted Due to Non-Inclusion of Joint Family Property. The Court held that a prior partition decree not binding on the plaintiff as she was not a party and the property was joint family property.

The appellant, Monakka Shinde, filed a suit (O.S. 370/2004) for reopening of partition, declaration, and injunction against her sons, Maruti Shinde an...

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Bombay High Court Dismisses Petitions Challenging Mutation Entries in Land Revenue Records, Upholding Concurrent Findings of Civil Courts. Petitioners failed to establish possession or title over suit lands; mutation entries held not conferring title under Maharashtra Land Revenue Code, 1966.

The case involves multiple writ petitions filed by various petitioners challenging mutation entries made in the revenue records in favor of the origin...