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Bombay High Court at Goa Dismisses Second Appeal in Property Partition Suit — Upholds Concurrent Findings of Courts Below. Co-owner Cannot Claim Adverse Possession Against Another Co-owner Without Ouster.

The case involves a family dispute over property among siblings. The appellants, who are co-owners of the suit property, filed a suit for partition an...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement to Sell Not Proved and Suit Barred by Limitation. Plaintiff failed to prove execution of agreement and suit was filed beyond three years from notice of refusal under Article 54 of Limitation Act, 1963.

The appellant, Sandeep Kashinath Parab, filed a suit for specific performance of an agreement to sell dated 15/06/1998 allegedly executed by the respo...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds First Appellate Court's Decision on Limitation. Suit for Declaration by Minors Governed by Article 60 of Limitation Act, 1963, Limitation Runs from Attaining Majority.

The case involves a second appeal before the Bombay High Court at Goa arising from a property dispute. The appellants (defendants in the original suit...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Civil Judge's Order Refusing Temporary Injunction in Suit for Declaration and Injunction — Petitioner Failed to Establish Prima Facie Case for Injunction Under Order 39 Rules 1 and 2 CPC.

The petitioner, Shri Jacinto Da Silva, filed a civil suit before the Civil Judge, Senior Division, Margao, seeking a declaration of title and permanen...

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High Court of Bombay at Goa Allows Appeal in Property Dispute — Will Partially Valid Under Portuguese Civil Code. Testamentary Succession by Bachelor Not Subject to Disposable Quota; Will Disposing More Than Testator's Share Is Not Wholly Void but Restricted to His Share.

The case involves a second appeal arising from a suit filed by the original plaintiff (since deceased, represented by legal heirs) against the appella...

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Bombay High Court at Goa Dismisses Petition Challenging Appointment of Commissioner in Inventory Proceedings. Court Upholds Discretion of Civil Judge to Appoint Commissioner for Partition of Joint Family Property Under Portuguese Civil Code When Parties Fail to Agree.

The petitioners, being heirs of the deceased parents, challenged the judgment dated 02.06.2000 passed by the learned Addl. District Judge, Panaji, in ...