Search Results for "Partition Deed"

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Search Results for "Partition Deed"

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Supreme Court

Supreme Court Allows Appeal in Property Suit Based on Adverse Possession — High Court's Reversal in Second Appeal Without Substantial Question of Law Set Aside. Concurrent Findings of Possession and Ouster by Trial Court and First Appellate Court Restored.

1 Jan 2026

The dispute pertains to a property measuring 1 acre and 18¼ guntas in Sy. No.1/4 originally owned by Thimmadasappa. He executed a registered sale dee...

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

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit. Court Holds That Plaint Cannot Be Rejected Under Order VII Rule 11 CPC When Averments Disclose a Cause of Action, Even If Ancestral Character of Property Is Disputed.

27 Feb 2025

The case involves a civil revision application filed by Mohan Hirachand Shah (defendant no.1) against an order of the Civil Judge, Senior Division, Al...

Supreme Court

Supreme Court Allows Civil Appeal in Partition Suit and Directs Moulding of Relief for Children of Deceased Propositus. The court held that admissions under Sections 17 and 18 of the Indian Evidence Act, 1872, constitute substantive evidence and entitle children through extended family to shares in the deceased's property, directing a preliminary decree for partition based on documentary evidence.

19 Jan 2024

The dispute arose from a partition suit filed by respondents 1 and 2 for separate possession of agricultural properties against respondents 3 and 4, w...

High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit — Upholds Concurrent Findings of Courts Below on Joint Family Property and Adverse Possession. The court held that the lower appellate court correctly reversed the trial court's finding on adverse possession as the defendant failed to prove ouster and hostile possession for the statutory period.

26 May 2023

The appellant, defendant No.6 in a partition suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the ...

High Court

High Court of Karnataka Allows Amendment of Plaint in Partition Suit — Petitioner Permitted to Include Alternative Relief of Sale Proceeds. Amendment sought before trial; court holds that Order VI Rule 17 CPC does not require due diligence before commencement of trial.

16 Feb 2022

The petitioner, Smt. Hemalatha, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 08.08.2018 passed by ...

Supreme Court

Supreme Court Upholds Validity of Relinquishment Deed Executed by Karta in Joint Hindu Family Property Case. Relinquishment deed executed by eldest male member as Karta is valid and binding on minor coparceners, and suit for declaration filed beyond limitation period is barred.

13 Dec 2021

The present appeal arises from a suit filed in 1994 by four younger sons of late M.C. Rudrappa seeking a declaration that a relinquishment deed dated ...

High Court

Bombay High Court Dismisses Partition Appeal Due to Lack of Evidence of Joint Family Property. The court held that the plaintiffs failed to prove that the suit property was ancestral or joint family property, and the suit was barred by limitation under Article 65 of the Limitation Act, 1963.

9 Dec 2014

The appellants (plaintiffs) filed a suit for partition of property claiming it was ancestral/joint family property. The trial court dismissed the suit...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Confirms That Lands Belonging to Defendant No. 5 Are Her Absolute Property Not Subject to Partition. The Court upholds the concurrent findings of the lower courts that the plaintiff failed to prove that the three disputed lands were ancestral joint family properties.

16 Apr 2014

The case involves a second appeal filed by the original plaintiff (now represented by legal heirs) against the judgment and decree of the Regular Civi...

High Court

Bombay High Court Dismisses Application for Withdrawal of Suit by Legal Representatives in Property Dispute — Held That Executors of Deceased Plaintiff's Will Are Necessary Parties and Suit Cannot Be Withdrawn Without Their Consent

30 Nov -0001

The case involves a Notice of Motion filed by H.H. Jyotiraditya Madhavrao Scindia and Smt. Madhavi Raje Madhavrao Scindia, who are legal representativ...

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