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Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

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Supreme Court Dismisses Appeal in Specific Performance Suit Barred by Order 2 Rule 2 CPC. Plaintiff's Omission to Seek Leave for Subsequent Suit for Specific Performance After Earlier Injunction Suit Results in Bar.

The appeal arises from a judgment of the Bombay High Court (Nagpur Bench) in a Second Appeal, which upheld the concurrent findings of the Trial Court ...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed. Sale Deed of 3/7th Share Validly Executed by Co-owners in Favour of Plaintiff, and Defendant's Possession as Tenant Is Not Adverse to Plaintiff's Title.

The appellant, original defendant No. 1, filed a second appeal against the concurrent judgments of the trial court and the first appellate court in a ...

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High Court of Karnataka Partly Allows Partition Appeal in Family Property Dispute — Modifies Trial Court's Decree on Self-Acquired Properties. The court upheld the trial court's finding on joint family property but excluded certain items from partition due to lack of evidence of jointness.

The case involves a partition suit filed by the respondents (daughters and widow) against the appellants (sons) for partition of suit schedule propert...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The appellants, who were the plaintiffs in the original suit, filed a suit for declaration of title and permanent injunction in respect of suit proper...

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Bombay High Court at Goa Dismisses Revision Against Rejection of Plaint Rejection Application in Property Suit. Held that the plaint discloses a cause of action and is not barred by limitation or res judicata under Order 7 Rule 11 CPC.

The petitioner, Dr. Suresh Bhalchandra Shetye, was the original defendant no.1 in a suit filed by the respondents (original plaintiffs) seeking partit...