Search Results for "Partition deed"

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Search Results for "Partition deed"

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High Court

Bombay High Court Allows Second Appeal in Property Suit — Non-Consideration of All Issues by Lower Appellate Court Raises Substantial Question of Law. The lower appellate court failed to consider all issues arising from the plaintiff's pleadings as considered by the trial court, warranting remand.

19 Apr 2022

The case involves a second appeal filed by the appellants (plaintiffs) against the judgment of the lower appellate court which reversed the trial cour...

High Court

Bombay High Court Dismisses Second Appeals in Property Partition Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court held that no substantial question of law arose as the trial court and first appellate court had concurrently found that the suit property was joint family property and that the plaintiff had proved his share.

30 Dec 2020

The case involves four second appeals arising from a partition suit filed by the original plaintiff, Satchidanand S. S. Kacodkar (since deceased, repr...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order in Civil Suit — No Jurisdictional Error Found in Rejection of Application Under Order 7 Rule 11 CPC. The court held that the trial court's order was a plausible view and did not warrant interference under Article 227.

6 Jan 2025

The petitioners, who are defendants in a civil suit, filed a writ petition under Article 227 of the Constitution of India challenging the order dated ...

High Court

Bombay High Court Allows Second Appeal in Succession Dispute Over Muslim Property — Appellants' Claim to Inherit as Heirs of Deceased Upheld. Court held that the trial court and first appellate court erred in dismissing the suit for partition and possession without properly considering the evidence of relationship and the applicability of Muslim personal law.

30 Nov -0001

The case involves two second appeals arising from a suit for partition and possession filed by the appellants, who claimed to be the legal heirs of th...

High Court

Bombay High Court Allows Impleadment of Legal Heirs in Suit for Declaration and Injunction — Amendment Sought at Final Stage Allowed to Avoid Multiplicity of Litigation. The court held that Order 1 Rule 10(2) CPC permits impleadment of necessary parties at any stage to effectuate complete adjudication and avoid multiplicity.

23 Sep 2014

The petitioners, original plaintiffs, filed a suit for declaration and injunction contending that a sale deed executed in favor of deceased Vijay Josh...

High Court

Bombay High Court Allows Appeal in Property Dispute Involving Will and Gift Deed Validity — Execution of Gift Deed by Minor and Subsequent Will Found Invalid Due to Lack of Testamentary Capacity and Undue Influence. The court held that a gift deed executed by a minor is void ab initio under the Portuguese Civil Code, and a will executed under undue influence is invalid.

11 Mar 2015

The case involves a property dispute in Goa concerning the estate of one Joao Fernandes. The appellant, Sqn. Ldr. A. P. Fernandes, challenged a gift d...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. The court held that the plaintiff's title as sole heir was established and the defendant failed to prove adverse possession.

30 Nov -0001

The second appeal arose from a suit for possession and mesne profits filed by the original plaintiff (since deceased, represented by legal heirs) agai...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of Balance Sale Consideration Condoned. The court held that the conditional decree was satisfied by deposit under court orders, and the judgment-debtor's right to rescind was lost as he did not seek rescission before deposit.

8 May 2026

The appellant, filed a suit for specific performance of an agreement for sale of 3.75 acres of land dated 14.11.2011, wherein the respondent, agreed t...

High Court

High Court of Karnataka Allows Writ Petition of Subsequent Purchaser in SC/ST Land Transfer Case — Deputy Commissioner's Order Quashed. Sale of Granted Land After Expiry of 15-Year Non-Alienation Period Held Valid Under Section 4(2) of Karnataka SC/ST (Prohibition of Transfer of Certain Lands) Act, 1978.

24 Sep 2021

The petitioner, Smt. R. Sarojini Devi, a subsequent purchaser of land, challenged the order of the Special Deputy Commissioner, Bengaluru District, da...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit, Upholding Concurrent Findings of Courts Below on Title and Possession. The court held that the second appeal under Section 100 CPC does not involve any substantial question of law and the concurrent findings of fact were based on evidence and not perverse.

6 Nov 2020

The case involves a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 30.0...

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