Search Results for "Partition deed"

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Search Results for "Partition deed"

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High Court

Bombay High Court Dismisses Second Appeals in Family Property Dispute — Partition Deed Not Proved as Genuine. Sons fail to establish title based on unregistered partition deed of 1976; concurrent findings of fact not interfered with under Section 100 CPC.

19 Aug 2016

The case involves two second appeals arising from a family property dispute between a father, Vyankatrao Kawane, and his three sons: Wamanrao, Atmaram...

High Court

Bombay High Court Allows Framing of Additional Issue on Validity of Partition Deed Under Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 — Trial Court's Rejection Set Aside. The court held that the issue regarding validity of partition deed under the Act was necessary for just decision and directed framing of additional issue.

15 Feb 2019

The petitioner, Tulshiram Kasale, filed a civil suit (RCS No.143/2008) against his brother and others seeking partition of ancestral property. During ...

High Court

Gujarat High Court Dismisses Appeal Against Decree for Removal of Unauthorized Construction in Property Dispute. Partition Deed and Commissioner Report Establish Encroachment, Affirming Trial Court's Injunction Under Section 96 CPC.

11 Mar 2026

The case involves a first appeal under Section 96 of the Code of Civil Procedure, 1908, filed by the defendant (appellant) challenging the judgment an...

High Court

Madras High Court Dismisses Second Appeal in Property Dispute — Confirms Plaintiff's Title and Right to Recovery of Possession. Partition Deed and Revenue Records Establish Ownership; Permissive Occupation Revocable at Will.

22 Jan 2025

The second appeal arose from a suit for declaration, recovery of possession and mandatory injunction filed by the plaintiff K.Saroja Ammal against the...

High Court

Bombay High Court Quashes Disqualification of Gram Panchayat Member for Father's Encroachment — No Vicarious Liability Under Section 14(1)(j-3) of Maharashtra Village Panchayat Act, 1958. Petitioner's separate residence and ration card established no personal encroachment, setting aside Collector and Commissioner orders.

17 Apr 2024

The petitioner, Shri Aakash Babaso Shinge, a member of the Gram Panchayat of Nej, Taluka Hatkanangale, District Kolhapur, was disqualified by the Coll...

High Court

Madras High Court Directs Removal of Encumbrance Entry Regarding Pending Proceedings Under Section 47A of Indian Stamp Act in Partition Deed Case. Court Holds That Section 47A Does Not Apply to Partition Deeds Not Involving Conveyance, and Recovery Under Section 33A Is Time-Barred, Thus Entry Must Be Cancelled.

6 Feb 2025

The petitioners, Dr. K. Mani and Dr. K. Dhanabackiam, were co-owners who, along with others, executed a partition deed dated 22.12.2006 registered as ...

High Court

Madras High Court Upholds Plaintiff’s Possession in Injunction Suit, Sets Aside Reversal by Lower Appellate Court. In a second appeal under Section 100 CPC, the court ruled that the first appellate court erroneously reversed the trial court’s decree granting permanent injunction by misappreciating evidence and relying on inadmissible secondary evidence under Section 65 of the Indian Evidence Act, 1872.

22 Jul 2026

The case involved a suit for permanent injunction filed by the plaintiff against the defendants to restrain interference with his possession of suit p...

High Court

High Court of Judicature at Bombay Dismisses Second Appeal in Civil Suit for Declaration and Injunction — Plaintiff Failed to Prove Ownership Based on Partition Deed. Court Holds That Failure of Defendant to File Written Statement Does Not Entitle Plaintiff to Automatic Decree Under Order 8 Rule 10 and Order 12 Rule 6 of Code of Civil Procedure, 1908; Plaintiff Must Prove Claim to the Satisfaction of Court.

10 Apr 2018

The matter arose from a Special Civil Suit filed by the appellant, the original plaintiff, seeking declaration, damages, and permanent injunction over...

High Court

High Court of Karnataka Hears Second Appeal Against Reversal of Trial Court Decree in Declaration and Possession Suit. First Appellate Court Reversed Trial Court's Decree Granting Possession of Encroached Land; Second Appeal Challenges Findings on Title, Encroachment, and Limitation.

2 Feb 2024

This matter arises from a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the plaintiff against the judgment an...

High Court

High Court of Bombay, Aurangabad Bench, Allows Writ Petitions and Directs Framing of Issues Regarding Validity of Partition under Fragmentation Act. Trial Court's Rejection of Applications for Additional Issue Set Aside; Civil Court Must Refer Questions to Competent Authority under Sections 36-A and 36-B of the Bombay Prevention of Fragmentation & Consolidation of Holdings Act, 1947.

15 Feb 2019

The dispute arose from a family partition of dry agricultural land admeasuring 52-R among brothers Tulshiram, Vasant, and Chandrakant, who had partiti...

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