Search Results for "separate suit maintainability"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "separate suit maintainability"

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High Court

High Court of Karnataka Dismisses Revision Petition Against Order Holding Partition Suit Maintainable Despite Earlier Compromise Decree. Court Rules That a Compromise Decree Does Not Bar a Fresh Suit for Partition When the Decree Was Not Acted Upon and the Parties Continued in Joint Possession.

21 Jun 2019

The petitioner, defendant No.1 in O.S.No.114/2017, filed a revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging ...

High Court

High Court of Karnataka Hears Appeal Against Decree for Rectification of Partition Deed in Brothers' Property Dispute. The Trial Court had Directed Execution of Rectification Deed and Permanent Injunction, Finding Existence of Joint Family and Error in Site Number.

6 Sep 2019

The appeal arises from a suit for specific performance in the form of rectification of a partition deed and alternative partition, filed by one brothe...

High Court

High Court of Karnataka Dismisses Appeals in Partition Suit, Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was maintainable and that the plaintiffs had established their share in the joint family property.

30 Sep 2015

The case involves a partition suit filed by the appellants (plaintiffs) against the respondents (defendants) seeking partition and separate possession...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit, Upholding Decree for Division of Self-Acquired Properties. The Court Held That Non-Joinder of Other Family Branch Did Not Affect Suit Maintainability as Properties Were Separate Estate, and Appellant's Ouster Claim Failed Due to Admission of Co-Ownership and Lack of Evidence.

9 Feb 2022

The dispute originated from a partition suit filed by the sister and sister-in-law of the appellant against him and other defendants, seeking division...

High Court

Bombay High Court Dismisses Tenants' Revision Against Eviction Decree for Non-Joinder of Cotenant Not Raised Earlier. Joint Tenancy Claim Fails as Suit Against One Cotenant Maintainable Without Objection at Trial Stage.

19 Jul 2019

The case involves a civil revision application filed by the tenants (applicants) against the concurrent decrees of eviction passed by the Small Causes...

High Court

High Court of Karnataka Allows Second Appeal in Partition Suit — Sets Aside Concurrent Findings Due to Non-Joinder of Necessary Party and Improper Appreciation of Evidence. The court held that the suit for partition and separate possession was not maintainable without impleading the legal representatives of a deceased co-sharer, and that the appellate court failed to properly re-appreciate the evidence as required under Section 100 CPC.

4 Feb 2013

The appellant, Mohd. Munner, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree...

High Court

Gujarat High Court Examines Whether Appeal is Barred by Res Judicata and Abatement in Suit for Specific Performance; Court Notes that Plaintiffs Did Not Appeal Decree in Companion Suit and Failed to Bring All Legal Heirs On Record.

20 Mar 2026

The appeal arises from the judgment and decree dated 18.03.2000 passed by the trial court in Special Civil Suit No. 176 of 1991 and Regular Civil Suit...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit — Order VII Rule 11 CPC Application Not Maintainable After Preliminary Decree. Preliminary Decree Attains Finality After Dismissal of SLP, Plaint Merges into Decree.

11 Nov 2025

The case involves a long-standing partition dispute between the parties. The great-grandmother of Applicant Nos.1 and 2 originally filed Special Civil...

Supreme Court

Supreme Court Dismisses Miscellaneous Application in Special Leave Petition Due to Lack of Maintainability and Independent Nature of Insolvency Proceedings. Post-disposal recall applications are not entertainable except in narrow exceptions, and subsequent developments in insolvency under Section 12A of the Insolvency and Bankruptcy Code, 2016 cannot retroactively affect disposed civil matters.

23 Mar 2026

The dispute originated from an Agreement to Sell dated 13.08.2021 concerning a property in Gurugram, where the applicant sought specific performance t...

High Court

Bombay High Court Dismisses Plaintiff's Suit for Recovery Due to Prior Arbitration Awards. The court held that the suit is barred by res judicata as the same claims were already adjudicated in arbitration proceedings under the Arbitration Act, 1940.

26 Sep 2012

The plaintiff, Unique Integrated Transport & Management Consultancies Pvt. Ltd., filed a suit against Mahanagar Telephone Nigam Ltd. (MTNL) and its of...

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