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High Court of Karnataka Upholds Trial Court's Refusal to Pass Judgment on Admissions in Property Suit. Order XII Rule 6 CPC Judgment on Admissions Cannot Be Based on Disputed Facts Requiring Trial.

The judgment arises from two writ petitions filed against a common order dated 11.02.2014 passed by the XLIII Additional City Civil and Sessions Judge...

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High Court of Karnataka Dismisses Second Appeal in Property Dispute — Concurrent Findings of Courts Below Upheld. Sale Deed Cancellation Suit Fails as Plaintiff Failed to Prove Undue Influence or Fraud Under Section 16 of the Indian Contract Act, 1872.

The appellant, Shivakumar, was the plaintiff in O.S.No.2108/2006 before the II Additional Senior Civil Judge, Bangalore Rural District, seeking cancel...

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Bombay High Court Allows Partition Suit Despite Non-Joinder of Daughters as Necessary Parties Under Hindu Succession Act, 1956. Daughters not claiming share are not necessary parties in partition suit among male heirs.

The case involves a second appeal arising from a partition suit. The plaintiff, claiming to be the son of Ishwara, sought partition and separate posse...

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Bombay High Court Dismisses Petitions Challenging University's Refusal to Grant Affiliation to College of Physical Education. University's Decision Upheld as Reasonable and Not Arbitrary Under Article 226 of the Constitution of India.

The judgment concerns three writ petitions filed against the North Maharashtra University, Jalgaon, and other respondents. The petitioners, Pradeep Vi...

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Bombay High Court Allows Amendment to Plaint in Suit for Compensation and Declaration of Sale Agreement as Void. Amendment Sought to Challenge Agreement for Sale of Property Allegedly Purchased with Siphoned Funds Allowed Under Order VI Rule 17 CPC.

The Plaintiff, Edit II Productions, filed a suit seeking compensation for financial loss caused by the Defendants who allegedly siphoned funds from th...

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Bombay High Court Dismisses Appellant's Second Appeals in Property Dispute Cases Due to Lack of Substantial Question of Law. Concurrent findings of fact by lower courts on encroachment and possession were upheld as not perverse under Section 100 of CPC, 1908.

The judgment pertains to two second appeals filed by the same appellant, Pandurang Dharma Gaikwad, against the respondent, Mahamudmuya Ahmadsaheb Pati...