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High Court of Karnataka Allows Petitioner to File Written Statement Beyond 90 Days in Partition Suit. Order VIII Rule 1 CPC Held Directory, Not Mandatory — Trial Court's Rejection Quashed on Payment of Costs.

The petitioner, Sri S. Indushekhar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 25/11/202...

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Supreme Court Allows Wakf Board's Appeal in Service Inam Land Dispute — Property Held to Be Wakf Due to Partition Deed Recital and Unchallenged Gazette Notification. Plaintiffs' Title Based on Void Alienations Cannot Be Sustained.

The Supreme Court allowed the appeal filed by the Andhra Pradesh State Wakf Board against the judgment of the High Court of Andhra Pradesh, which had ...

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High Court of Karnataka Allows Appeal in Partition Suit — Rejects Plaint Rejection Under Order VII Rule 11 CPC. Suit for Partition and Separate Possession of Joint Family Property Not Barred by Limitation as Perpetual Right to Seek Partition Recognized Under Hindu Law.

The present Regular First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree dated 24.02...

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High Court of Karnataka Allows Partition Appeal in Hindu Succession Act Case — Daughter Entitled to Share in Joint Family Property. Daughter's claim for partition and separate possession of 1/2 share in suit properties decreed, setting aside trial court's dismissal.

The Regular First Appeal was filed by the plaintiff, Smt. Mallawwa Laxman Yadahalli (since deceased, represented by her LR Smt. Parvati Gorawade), cha...

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Bombay High Court Allows Second Appeal in Partition Suit, Holds Suit Bad for Non-Joinder of Necessary Parties. All co-sharers and co-partners are necessary parties in a suit for partition and possession; failure to join them renders the suit liable to dismissal.

The case involves a second appeal arising from a suit for partition and possession of agricultural land. The respondents (plaintiffs) filed the suit a...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Finding of No Common Property. Suit for partition and separate possession fails as plaintiff failed to prove that suit schedule properties were joint family properties.

The appellant, Domegunta Venkatasesha Reddy, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment ...

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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.

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

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Bombay High Court Allows Writ Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Partition Suit — Petitioner Not Properly Served, Ex-Parte Decree Set Aside. Service of Summons Found Insufficient Under Order 9 Rule 13 CPC, Suit Restored for Fresh Adjudication.

The petitioner, Vijay Mohan Jagtap, filed a writ petition challenging two orders passed by the trial court in Regular Civil Suit No. 368/2007. The fir...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Suit for Possession and Mesne Profits Dismissed as Plaintiffs Failed to Prove Title and Possession.

The case involves a Second Appeal filed by the original plaintiffs (appellants) against the judgment and decree of the District Judge, Latur, dismissi...