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Search Results for "oral partition"

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High Court

Bombay High Court Dismisses Second Appeal in Property Dispute Among Siblings — Upholds Concurrent Findings on Partition and Sale. Court holds that plaintiffs failed to prove that suit property was ancestral or that defendants' alienations were illegal under Muslim personal law.

20 Apr 2026

The case involves a property dispute among siblings. The plaintiffs, daughters of Umar Khan, filed a suit seeking partition and declaration that alien...

High Court

Madras High Court Dismisses Second Appeal in Property Dispute, Upholding Concurrent Findings of Fact on Oral Partition and Title. The court held that the second appeal under Section 100 CPC does not involve any substantial question of law as the findings of fact by the lower courts were based on proper appreciation of evidence.

9 Jan 2025

The case involves a property dispute between two brothers, B.Sukumar (appellant/defendant) and B.Ramadoss Reddiyar (respondent/plaintiff). The plainti...

High Court

High Court of Karnataka Dismisses Appeal in Declaration and Injunction Suit, Allows Partition Appeal — Family Property Dispute Over Joint Family Property and Adverse Possession

22 Aug 2022

The case involves two appeals arising from suits between family members over agricultural land in Doddakannahalli. The appellant, K N Sananda Ganesh, ...

High Court

High Court of Karnataka Allows Writ Petition Challenging Interim Maintenance Order in Partition Suit — Inherent Power Under Section 151 CPC Cannot Be Used to Grant Maintenance Without Specific Provision. The court held that Section 151 CPC does not confer power to grant substantive relief like maintenance in a partition suit, as maintenance is governed by specific statutes.

14 Mar 2019

The petitioners, defendants 1 to 4 in a partition suit, challenged an order dated 17.11.2018 passed by the LXXIII Additional City Civil and Sessions J...

High Court

Bombay High Court Allows Leave to Omit Relief in Partition Suit Under Order 2 Rule 2(3) CPC — Trial Court Erred in Considering Merits of Partition Claim at Leave Stage. The court held that the question of whether the petitioners are coparceners or entitled to partition is irrelevant for deciding an application under Order 2 Rule 2(3) CPC.

8 Jan 2018

The petitioners, Smt. Nikita Manohar More and Ms. Priyanka Baban Patil, filed a Writ Petition under Article 227 of the Constitution of India challengi...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Impleadment Application in Partition Suit — Petitioner's Right to be Heard as Necessary Party Upheld Under Order 1 Rule 10 CPC.

30 Sep 2014

The petitioner, Dattatraya S/o Laxman Anandkar, filed a writ petition challenging the order of the Civil Judge, Junior Division, Shrigonda, dated 30/0...

High Court

Bombay High Court Allows Second Appeal in Property Injunction Case — Plaintiff's Possession Established Through Registered Sale Deed and Revenue Records. First Appellate Court's Reversal Set Aside for Ignoring Evidence of Possession and Failing to Consider Mutation Entries Under Section 135 of the Maharashtra Land Revenue Code, 1966.

20 Mar 2014

The case involves a second appeal filed by the original plaintiff, Shamkalabai (since deceased, represented by legal heirs), against the judgment and ...

High Court

Bombay High Court Allows Writ Petition Challenging Executing Court's Order for Re-delivery of Possession in Partition Suit — Executing Court Cannot Reopen Partition Once Effected by Collector Under Section 47 CPC.

7 Jul 2011

The case arises from a partition suit (Special Civil Suit No. 80 of 1969) filed by the respondents against the petitioner. A decree for partition was ...

High Court

Bombay High Court Allows Second Appeal in Land Title Dispute — Oral Partition and Contribution to Purchase Price Establish Co-ownership. The court held that the appellant-plaintiff proved his title to the suit land based on oral partition in 1955 and contribution to the purchase price under the Bombay Tenancy and Agricultural Lands Act, 1948.

13 Jan 2011

The appellant, Nathu Narayan Jadhav, filed Civil Suit No.150 of 1975 seeking declaration of title, possession, and injunction regarding 1 acre 19 gunt...

High Court

Bombay High Court Dismisses Writ Petition of Purchasers Challenging Eviction Order in Tenancy Dispute — Purchasers Lack Locus Standi to Challenge Order Passed Against Tenant Before Their Purchase. The court held that the petitioners, who purchased the suit land after the eviction order under Section 14 read with Section 25(2) of the Bombay Tenancy and Agricultural Lands Act, 1948, cannot challenge that order as they were not parties to the proceedings.

19 Jan 2005

The judgment arises from a writ petition under Article 227 of the Constitution of India filed by three petitioners, who are purchasers of agricultural...

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