Search Results for "Joint decree"

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High Court Dismisses Review Petition in Property Dispute Over Will — No Error Apparent on Face of Record. Review under Section 114 CPC read with Order 47 Rule 1 CPC cannot be used to re-argue the case or correct erroneous findings unless there is an error apparent on the face of the record.

The applicants (original appellants) filed a review application under Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure, 1908, seek...

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Madras High Court Dismisses Second Appeal in Property Dispute — Confirms Plaintiff's Title and Right to Recovery of Possession. Partition Deed and Revenue Records Establish Ownership; Permissive Occupation Revocable at Will.

The second appeal arose from a suit for declaration, recovery of possession and mandatory injunction filed by the plaintiff K.Saroja Ammal against the...

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Madras High Court Dismisses Second Appeal in Property Partition Suit — Confirms Concurrent Findings on Possession and Title. Preliminary decree for partition of 40 cents on eastern side upheld as plaintiff proved prior possession and joint ownership of well.

The second appeal was filed by the defendants against the concurrent judgments of the trial court and first appellate court in a suit for declaration ...

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High Court of Karnataka Dismisses Second Appeal in Property Declaration Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for declaration of joint ownership and compensation decreed in part; no substantial question of law arises.

The appellant, Smt. Subadhramma, was the defendant No.3 in O.S. No.226/2011 on the file of the I Addl. Civil Judge, Bellary. The suit was filed by the...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds lower courts' decree for partition and separate possession based on evidence of joint family property and plaintiff's share.

The case involves a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, by the defendants (appellants) against the jud...

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High Court of Bombay Nagpur Bench Hears Second Appeal on Tenancy Dispute Involving Partnership Firm. Whether Agreement with Individual Partner Creates Tenancy with Unregistered Firm Determined.

The case arose from a suit for possession of a shop, originally filed by the appellant (landlord) against the respondents, claiming that the suit shop...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Invalidity of Sale by Co-owner Without Proof of Partition. Co-owner's Sale of Undivided Share Without Consent of Other Co-owners Held Invalid as No Prior Partition Was Established.

The case involves a second appeal by original defendants nos.1-3 against a decree for declaration and injunction passed by the lower appellate court. ...