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1 - 10 of 17 (0.45 seconds)The Code of Civil Procedure, 1908
Anathula Sudhakar vs P. Buchi Reddy (Dead) By Lrs & Ors on 25 March, 2008
28. The plaintiff counsel vehemently argued that
counterclaim cannot sought in blood relations in order to
substantiate also produced some citation in support of his
arguments. However, the first judgment is Hon'ble Supreme
Court of India, in Civil Appeal No.6191/2001 in the case of
Anathulla Sudhakar v. P.Buchi Reddy ( Dead ) by Lrs & Ors.
Satyender vs Saroj on 17 August, 2022
The 2nd Judgment if of Hon'ble High Court of Karnataka,
in R.S.A. No.447/2007, in the case of Sri.Narayana & Ors v.
Smt. Indira & Anr,
The 3rd judgment is Hon'ble Supreme Court of India in
Civil Appeal No.4883/2022, in the case of Satyender & Ors vs
Saroj & Ors.
Ramesh Chander Gupta vs Kanta Gupta on 20 February, 2015
In the case of Ramesh Chander Gupta v. Kanta
Gupta, reported in Judgment of Hon'ble High Court of Delhi,
2015 in R.S.A.No.66/2014, this is also with regard to adverse
possession when the co-owners are close relations something
more is to be proved, to prescribe title by adverse possession.
Perused the citations.
H. Venkatachala Iyengar vs B. N. Thimmajamma & Others on 13 November, 1958
36. Then also produced citation AIR 1959 SC 443 in
case of H.Venkatachala Iyenger vs. B.N.Thimmajamma and
others. In which para-18, 19 clearly explains that how a Will
has to be proved with the citation he submitted his arguments
that in the Will the reasons mentioned for disheriting the
defendant No.1 and 5 is not correct and it is the duty of the
propounder of the Will to prove a Will behind all the suspicious
circumstances. He also furnished one Judgment of Hon'ble
Apex Court (1977) 1 SCC 369, wherein it reads thus,
"In cases where the execution of a Will is
shroud in suspicion, its proof ceases to be a
simple lis between the plaintiff and the
defendant. What, generally, is an adversay
proceeding becomes in such cases a matter of
the court's conscience and then the true
question which arises for consideration is
whether the evidence that the will was duly
executed by the testator "
Bharpur Singh & Ors vs Shamsher Singh on 12 December, 2008
35. On the other hand the counsel for the defendant
argued that the Will cannot be relied as it comes under the
suspicious circumstances that the Will did not see the light of
the day for the long time which (vii) in the following citatition.
Also produced citation of Hon'ble Apex Court (2009) 3 SCC 687
Bharpur Singh & Ors v. Shamsher Singh in para No.23
Suspicious circumstances are mentioned as follows.
Chepudira Madaiah S/O Late Muthanna vs Mallengada Chengappa on 17 November, 2021
O.S.No.2291/2013
The 4th judgment relied R.F.A.No.1840/2005 in the case of
Chepudira Madaiah vs Mallengada Chengappa & Ors of
Hon'ble High Court of Karnataka. Wherein Their Lordship held
as under.
Sri. Narayana Devadiga vs Smt. Indira C Shetty on 19 September, 2020
The 2nd Judgment if of Hon'ble High Court of Karnataka,
in R.S.A. No.447/2007, in the case of Sri.Narayana & Ors v.
Smt. Indira & Anr,
The 3rd judgment is Hon'ble Supreme Court of India in
Civil Appeal No.4883/2022, in the case of Satyender & Ors vs
Saroj & Ors.
Maria Margadia Sequeria Fernandes & Ors vs Erasmo Jack De Sequeria (D) Tr.Lrs.& Ors on 21 March, 2012
5. Judgment of Hon'ble Supreme Court of India in
in Civil Appeal No.2968/2012, in the case of
Maria Margadia Sequeria Fernandes & Ors
v. Erasmo Jack De Sequeria ( D) Tr.Lrs. & Ors.