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Bombay High Court Allows Amendment of Plaint in Property Dispute Between Siblings. Court holds that amendment seeking to add alternative claim for partition and separate possession does not change the nature of the suit and is necessary for effective adjudication.

The petitioners, Barkatali Abdul Razzak Kazi, Noorjahan Gafoor Shijwalkar, and Aishabi Jabbar Thakur, filed a writ petition in the Bombay High Court c...

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High Court of Bombay at Goa Quashes Amendment Order in Civil Suit — Amendment Sought Changed Nature of Suit and Was Barred by Limitation. Order 6 Rule 17 CPC amendment cannot be allowed if it introduces a new case beyond limitation period and alters the character of the suit.

The petitioners, Fr. Ralin De Souza and Ashley Do Rosario, filed a writ petition challenging an order dated 26.02.2016 passed by the learned Civil Jud...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. Co-owner in possession cannot claim adverse possession against other co-owners without clear ouster; suit for partition not barred by limitation under Article 65 of Limitation Act, 1963.

The present regular second appeal arises out of a partition suit originally filed as O.S. No. 9/1993 on the file of the Munsiff & JMFC, Koratagere. Th...

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Supreme Court Dismisses Appeal in Contempt Case for Promotion Benefits — Consequential Benefits Limited to Penalty Arrears, Not Retrospective Promotion. Cancellation of Promotion Not Challenged and Contempt Court Cannot Grant Relief Beyond Main Order.

The appellant, K. Samba Moorthy, was a Probationary Officer in Bank of Baroda appointed in 1983. In 1999-2000, show cause notices were issued for alle...