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Karnataka High Court Allows Daughters' Partition Appeal Against Father in Hindu Joint Family Property Dispute. Daughters Held Entitled to Share as Coparceners Under Section 6 of Hindu Succession Act, 1956 as Amended by Act 39 of 2005.

The appellants, R. Sandhya and R. Swetha, daughters of S.R. Raju, filed a suit for partition and separate possession of their 1/3 share each in the sc...

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Bombay High Court Allows Second Appeal in Eviction Suit Based on Adverse Possession and Limitation. The court held that the defendant failed to prove adverse possession as his possession was permissive and not hostile.

The case involves a second appeal filed by the legal representatives of the original plaintiff, Kamlakant Raghuvir Sinai Bhonsule, against the judgmen...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Regular Second Appeal under Section 100 CPC fails as no substantial question of law arises from concurrent findings of courts below regarding declaration of title and injunction.

The appellant, Maruti A/F Laxman Patil, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and...

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Bombay High Court Allows Amendment of Written Statement in Ejectment Suit — No Prejudice to Plaintiff as Trial Not Commenced. Amendment Sought to Clarify Defence of Tenancy and Possession Under Order 6 Rule 17 CPC, 1908.

The petitioner, Anilkumar Shrivallabh Sikchi, filed a civil suit against Bharat Petroleum Corporation Limited (respondent no.1) and M/s S.D. Asoriya (...

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Bombay High Court Orders Possession Recovery in Trespass Suit Against Unauthorized Occupant of Tenanted Premises. Statutory Tenancy Cannot Be Bequeathed by Will; Only Heirs Entitled Under Section 5(11)(c) of Bombay Rent Act.

The plaintiff, Shaikh Jaber Abdulah J AI Sabah, owner of the suit building AlJabriya Court at Marine Drive, Mumbai, filed a suit for recovery of posse...

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Bombay High Court Dismisses Writ Petition Challenging Reversal of Temporary Injunction in Property Dispute Between Brothers. Compromise Decree for Partition Gives Defendant Right to Construct on His Share, Plaintiff Fails to Show Exclusive Possession.

The dispute arose between two brothers, Udayraj Babaso Patil (petitioner/defendant) and Pramod Babaso Patil (respondent/plaintiff), over a suit proper...

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Bombay High Court Allows Second Appeal in Partition Suit — Reverses Concurrent Findings of Courts Below. Held that the plaintiffs failed to prove joint family property and that the suit was barred by limitation and res judicata.

The case involves a second appeal arising from a suit for partition and separate possession filed by the plaintiffs (respondents) against the defendan...