Search Results for "Partition deed"

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises under Section 100 CPC where courts below have concurrently found that the plaintiff failed to prove title and possession.

The present second appeal was filed by the original plaintiff (since deceased, represented by legal representatives) against the judgment and decree d...

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High Court of Karnataka Allows Appeal in Property Dispute Over 'AB' Wall — Remand Order Set Aside for Lack of Jurisdiction. First Appellate Court Exceeded Powers Under Order 41 Rule 23 CPC by Remanding Without Recording Satisfaction That Decree Was Reversed or Set Aside.

The present miscellaneous second appeal was filed by the appellants/defendants challenging the judgment and decree dated 31.01.2013 passed by the Fast...

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High Court of Karnataka Allows Daughter's Partition Appeal Against Brother and Mother, Holding Father's Properties as Self-Acquired and Not Ancestral. Daughter Entitled to Equal Share Under Section 8 of Hindu Succession Act, 1956 as Will Not Proved.

The appellant, M. Shobha, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree date...

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Karnataka High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for permanent injunction dismissed as plaintiff failed to prove possession and title over suit property.

The appellant, Smt. Sujatha, filed a suit for permanent injunction in O.S. No. 81/2004 before the Civil Judge (Jr. Dn.) and JMFC, Shiggaon, seeking to...

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Supreme Court Upholds Execution Court's Power to Extend Time for Deposit in Specific Performance Decree Despite Delay. Section 28 of Specific Relief Act, 1963 vests jurisdiction in the court executing the decree to extend time and reject rescission where decree-holder was ready and willing.

The case arises from a suit for specific performance of an agreement to sell dated 18.05.2005. The trial court decreed the suit in part, directing ref...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Partnership Dispute — No Grounds for Interference Under Section 34 of Arbitration and Conciliation Act, 1996. Arbitrator's Findings of Fact Are Final and Not Re-Examinable Under Section 34.

The petitioners, Dr. Dhiren Lalit Shah and others, filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, chall...

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Supreme Court Dismisses Son's Suit to Stay Execution of Mortgage Decree Against Father on Joint Family Property. Son Cannot Restrain Sale Unless Mortgage Is Shown Not Binding on Him Before Sale Occurs.

The case involved a joint Hindu family consisting of a father (the manager) and his son, the appellant. The father borrowed money from the first respo...