Search Results for "oral partition"

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Search Results for "oral partition"

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High Court

High Court of Karnataka Allows Civil Revision Petition in Suit for Declaration of Joint Family Property — Plaint Not Liable for Rejection Under Order VII Rule 11 CPC. Daughters and Minor Son's Suit for Declaration of Joint Family Property and Partition is Maintainable Despite Alleged Prior Partition Deed.

7 Mar 2025

The petitioner-defendant No. 3 filed a civil revision petition under Section 115 of CPC challenging the order dated 19.07.2023 passed by the Senior Ci...

High Court

High Court of Karnataka Allows Second Appeal in Partition Suit — Reverses First Appellate Court's Decree for Partition. Held that the plaintiff failed to prove joint family status and title over the suit property, and the First Appellate Court erred in reversing the Trial Court's dismissal without proper consideration of evidence.

22 Jun 2024

The case involves a second appeal filed by the defendant (appellant) against the judgment and decree of the First Appellate Court in R.A.No.54/2016 da...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Holds That Sale of Joint Family Property by Karta Without Legal Necessity Is Voidable. The Court restored the trial court's preliminary decree granting one-half share to the Plaintiff in the suit land, rejecting the claim that the land was self-acquired.

23 Mar 2017

The case involves a partition suit filed by the original Plaintiff (Respondent No.1) against Defendant No.1 (since deceased, represented by legal heir...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit Between Brothers — Unregistered Memorandum of Partition Admissible to Prove Nature of Possession. The court held that an unregistered partition deed, though required to be registered under Section 17 of the Registration Act, 1908, is admissible under the proviso to Section 49 to prove the nature and character of possession as a collateral transaction.

26 Sep 2016

The dispute in this second appeal arises between two real brothers over a suit plot and house at Subhash Nagar, Nagpur. The plaintiff-respondent (sinc...

High Court

Bombay High Court Dismisses Appeals in Property Dispute — Widow's Absolute Ownership Under Section 14(1) Hindu Succession Act, 1956 Upheld. Property Received in Lieu of Maintenance Confers Full Estate, Not Limited Interest.

10 Jun 2013

The case involves two second appeals arising from a suit filed by the original plaintiffs (respondents) against the original defendants (appellants) c...

High Court

Bombay High Court Quashes Executing Court's Order Sending Precepts to Collector for Partition Under Section 54 CPC — Consent Decree for Injunction Not a Decree for Partition. The court held that Section 54 of the Code of Civil Procedure, 1908 applies only to decrees for partition, and the executing court cannot convert a consent decree for perpetual injunction into a decree for partition.

6 Jan 2010

The petitioner, Shivaji Anna Tandel, challenged an order dated 23 December 2004 passed by the learned Civil Judge, Junior Division, in execution proce...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute Over Temple Land — Plaintiffs Fail to Prove Ownership by Adverse Possession. The court held that the plaintiffs' claim of adverse possession failed as they did not establish exclusive possession or ouster of the defendant temple.

21 Oct 2005

The dispute in this second appeal concerns a property surveyed under no.263/3 of village Tuem, Pernem, Goa. The plaintiffs, who are the appellants, cl...

High Court

Bombay High Court Allows Partition Appeal in Family Property Dispute — District Court Erred in Holding Prior Partition Without Evidence of Division by Metes and Bounds. The court held that the burden of proving prior partition lies on the party asserting it, and a Will alone does not establish partition.

13 Apr 2005

The appellant, Mahadeo Hariba Kumbhar, filed a suit for partition and separate possession of various lands and house properties against his real broth...

High Court

Bombay High Court Dismisses Revision Against Rejection of Application to Set Aside Ex-Parte Decree in Suit for Declaration and Injunction. Delay of 13 Years Not Condoned as Applicants Failed to Show Sufficient Cause Under Order 9 Rule 13 CPC.

30 Nov -0001

The case involves a civil revision application filed by the original defendants (applicants) against an order of the Civil Judge Senior Division, Khed...

High Court

Bombay High Court Dismisses Second Appeals in Property Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner cannot claim adverse possession against another co-owner unless there is clear ouster and hostile title asserted.

30 Nov -0001

The case involves a property dispute between two brothers, Gurudayalsing Bindra (original defendant, now represented by his legal representatives as a...

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