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High Court of Karnataka Hears Regular First Appeals Against Common Judgment in Suits for Declaration and Partition. Appeals Challenge Decrees Dismissing Declaration Suit and Decreeing Partition Suit in Favor of Claimed Adopted Son.

The dispute arose between Murudavva, widow of Channabasanagouda Patil, and Veeranagouda, who claimed to be the adopted son of the couple. Channabasana...

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Bombay High Court Dismisses Revision Application Against Suit for Possession and Declaration; Res Judicata Plea Not Made Out at Interim Stage. Court Finds Earlier Suit Did Not Directly and Substantially Include Reliefs for Possession and Document Declaration, Hence Section 11 CPC Bar Not Applicable.

The dispute concerned a residential premises in Mumbai. The applicants, who were defendants in the trial court suit, had previously filed S.C. Suit No...

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High Court of Karnataka Considers Quashing of Criminal Proceedings for Offences of Forgery and Cheating in Property Dispute; Private Complaint Alleged to Mirror Civil Suit for Possession

The High Court of Karnataka, Dharwad Bench, dealt with a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) s...

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Supreme Court Allows Appeal of Elected Candidate in Office of Profit Disqualification Case. Special Government Pleader Appointment Under Order 27 Rule 8B CPC Held Not an Office of Profit Under Article 191(1)(a) of Constitution, and Rajasthan Act 5 of 1969 Retrospectively Removed Disqualification.

This appeal arose from an election petition challenging the election of Kanta Kathuria to the Rajasthan Legislative Assembly from the Kolayat constitu...

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High Court of Karnataka Allows Appeal Against Family Court Order Returning Plaint in Suit for Declaration of Non-Marriage and Non-Paternity. Family Court Has Jurisdiction Under Section 7 of the Family Courts Act, 1984 to Entertain Suits Relating to Validity of Marriage and Parentage.

The appellant, Arjun S/o Ranappa Hatgundi, filed a suit before the Family Court, Kalaburagi, seeking a declaration that respondent No.1, Sushilabai @ ...

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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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Bombay High Court Dismisses Suit for Declaration and Injunction in Property Dispute — Plaintiffs Fail to Prove Title and Possession. Court holds that mere possession of property documents does not establish ownership and that plaintiffs must prove their title independently.

The plaintiffs, claiming to be owners and in possession of a plot of land in Ghatkopar, Mumbai, filed a suit for declaration of ownership and permanen...

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Karnataka High Court Dismisses Appellant in Urban Land Ceiling Case Due to Delay and Laches and Third-Party Rights. Challenge to declaration of excess land under ULCAR Act fails as possession taken and land allotted to beneficiaries.

The appellant, Vaijayanti W/o Prabhakar Patil, representing the estate of Yeshwant Kittur, filed intra-court appeals against the order of a learned si...

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Supreme Court Disposes of Appeal in Property Dispute, Directs Status Quo Pending Civil Suit. Unilateral Cancellation of Registered Sale Deed Held Subject to Adjudication by Competent Civil Court.

The case involves a property dispute where the appellants claimed to have purchased land measuring Acs.3.46 cents from respondent Nos.1 to 4 through a...