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Search Results for "testamentary suit"

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High Court

High Court of Karnataka Allows Appeal in Testamentary Suit Limitation Dispute — Order of Single Judge Dismissing Suit as Barred by Limitation Set Aside. Court Holds That Article 137 of Limitation Act, 1963 Applies to Testamentary Suits and Limitation Runs from Date of Knowledge of Will, Not from Date of Death of Testator.

12 Dec 2024

The appellant, Sri Nanjavudootha Swamiji, the Peethadhipathi of Gurugunda Bramheshwara Swamy Mutt, filed a Testamentary Original Suit No.1/2023 seekin...

High Court

Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Not Interfered With. Licensee Defendants Failed to Prove Independent Title; Suit for Possession Based on Title Maintainable Without Prior Revocation of License.

7 Jun 2023

The present second appeal was filed by the original defendants against the judgment and decree dated 16.04.2022 passed by the District Judge-1, Nagpur...

High Court

Bombay High Court Dismisses Plaintiff's Application for Decree of Possession Under Order XII Rule 6 CPC — No Clear Admission Found in Society's Letters. Admission Must Be Unambiguous and Unequivocal for Judgment on Admissions; Letters Merely Acknowledging Receipt of Documents Do Not Constitute Admission of Ownership.

5 Feb 2019

The plaintiff, Mahesh B. Chaudhary, filed a suit seeking possession of Flat No.17, 1st floor, Radha Sadan Co-operative Housing Society Ltd., and a dec...

High Court

Bombay High Court Dismisses Plaintiff's Application for Decree of Possession Under Order XII Rule 6 CPC — No Clear Admission Found in Society's Letters. The court held that letters from the defendant society did not amount to unequivocal admissions of the plaintiff's ownership, and thus summary decree was not warranted.

5 Feb 2019

The plaintiff, Mahesh B. Chaudhary, filed a suit seeking possession of Flat No.17, 1st floor, Radha Sadan Co-operative Housing Society Ltd., and a dec...

High Court

Bombay High Court Dismisses Petition in Property Dispute Between Near Relations — Upholds Concurrent Findings of Courts Below. Adverse Possession Claim Fails as Petitioner Failed to Prove Hostile Possession and Ouster of True Owner.

20 Feb 2018

The dispute pertained to a property tussle between near relations. The petitioner, M/s Jwel Buildcon Pvt. Ltd., claimed title by adverse possession ov...

High Court

High Court of Karnataka Dharwad Bench Examines Appeal and Cross-Objection Against Partial Decree in Suit for Declaration and Injunction Involving Adoption and Revenue Entries. The court considered the maintainability of the appeal under Section 96 of the Code of Civil Procedure, 1908, in light of the alternative remedy of revision under Section 136 of the Karnataka Land Revenue Act, 1964.

1 Aug 2017

The suit O.S. No.57/2010 was filed by the plaintiff (appellant in RFA No.4174/2012) before the Principal Senior Civil Judge, Bagalkot, seeking declara...

High Court

High Court of Karnataka, Dharwad Bench Adjudicates Regular First Appeal and Cross Objection Against Trial Court's Partial Decree in Suit for Declaration and Injunction. Court Addresses Maintainability, Adoption Validity, and Ancestral Property Claims.

1 Aug 2017

The Regular First Appeal and Cross Objection arose from a judgment and decree of the Principal Senior Civil Judge, Bagalkot, in O.S. No.57/2010, a sui...

High Court

Bombay High Court Upholds Will in Testamentary Suit — Dismisses Caveat by Other Heirs. Will dated 3rd December 1988 executed by deceased Hiroo @ Hiraji Laxman Jadhav proved as last Will and Testament; letter of administration granted to plaintiffs.

22 Dec 2016

The case involves a testamentary dispute concerning the Will of Hiroo @ Hiraji Laxman Jadhav, who died on 3rd December 1988. The plaintiffs, Subhash H...

High Court

Bombay High Court Dismisses Caveat in Testamentary Suit for Lack of Caveatable Interest. Held that a caveator must have a direct interest in the estate of the deceased, and a mere relationship or expectation of inheritance does not constitute such interest under Section 283 of the Indian Succession Act, 1925.

8 Jul 2014

The judgment pertains to a testamentary suit arising from the Will of late Bharat Ladharam Asarpota, who died allegedly leaving a Will dated 15 June 1...

High Court

Bombay High Court Dismisses Petition to Discharge Caveat in Probate Proceedings — Legatee Under Prior Will Has Caveatable Interest. The Court held that a legatee under a prior Will has a caveatable interest and is entitled to oppose probate of a later Will, and that the testamentary suit challenging the later Will disclosed a cause of action.

25 Jul 2012

The case involves a dispute over the estate of Mr. Purvez Burjor Dalal, who died on 7 December 2011. The Petitioner, Manek Dara Sukhadwalla, filed a p...

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