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Bombay High Court Upholds Trial Court Order Allowing Counter Claim in Partition Suit — Order VIII Rule 6A CPC Permits Filing Before Expiry of Time for Defence. Counter claim filed after written statement but within time for delivering defence is maintainable under Order VIII Rule 6A CPC.

The petitioners, Pradeep Kashinathrao Kalyankar and Sow. Pramila Pradeep Kalyankar, filed a Regular Civil Suit (RCS No. 136 of 2013) seeking a declara...

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High Court of Karnataka Dismisses Appeals in Partition Suit — Confirms Trial Court's Decree for Partition and Separate Possession. Daughters Granted Equal Share in Joint Family Property Under Hindu Succession Act, 1956.

The case involves a partition suit filed by the plaintiffs, who are the sons and daughters of Mahalingappa Wali, seeking a share in the joint family p...

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Bombay High Court Allows Appeal Against Rejection of Plaint in Partition Suit — Dispute Over Will and Joint Family Property. Court holds that a suit for partition is maintainable even if the plaintiff claims through a Will, and the Civil Court has jurisdiction to decide the validity of the Will.

The case involves an appeal against an order rejecting a plaint in a partition suit. The appellants, who were original defendants, challenged the tria...