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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 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 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 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...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement to Sell Not Proved as Genuine and Enforceable Due to Lack of Credible Evidence and Discrepancies in Pleadings.

The appellant, Harish, filed a suit for specific performance of an agreement to sell dated 05.12.2008 allegedly executed by the respondents in his fav...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial and first appellate court decrees regarding declaration of title and injunction, finding no substantial question of law under Section 100 CPC.

The case is a Regular Second Appeal (RSA No.1858/2012) filed by the appellants (plaintiffs in the original suit) against the respondents (defendants) ...

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Bombay High Court Allows Writ Petition Challenging Rejection of Application for Certified Copy of Will Under Section 57 of Indian Succession Act, 1925 — Held That Application for Certified Copy of Will Cannot Be Rejected on Ground That Will Was Not Registered or That Probate Was Not Obtained.

The petitioners, who are the legal heirs of the deceased Shrimantrao Patil, filed a writ petition challenging the order dated 24.11.2009 passed by the...

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High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint Dismissal Order in Commercial Suit — Suit Not Barred by Arbitration Clause as Reliefs Are Not Covered by Arbitration Agreement.

The present Civil Revision Application was filed by the applicants/defendants challenging the order dated 03.02.2023 passed by the Commercial Court at...