Search Results for "oral partition"

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Search Results for "oral partition"

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High Court

Madras High Court Partially Allows Partition Appeal, Upholds 1/2 Share for Plaintiff but Modifies Decree to Include Right of Residence for Defendant. Court holds that a co-owner in possession cannot be ousted without partition by metes and bounds, and that the trial court erred in granting a preliminary decree without considering the defendant's right of residence under Section 44 of the Transfer of Property Act, 1882.

9 Jun 2026

The appeal arises from a judgment and decree dated 28.02.2018 passed by the Fast Track Mahila Court, Dindigul, in O.S.No.65 of 2009, a suit for partit...

High Court

Madras High Court Allows Revision Against Dismissal of Suit for Default, Restores Suit on Condition of Costs. Order 9 Rule 9 CPC does not bar a fresh suit when the earlier suit was dismissed for default under Order 9 Rule 3 CPC, as the bar applies only to dismissals under Order 9 Rule 8 CPC.

5 Mar 2026

The petitioners, as plaintiffs, filed a civil suit O.S.No.172 of 2018 before the District Munsif Court, Tindivanam, seeking relief. The suit was dismi...

High Court

High Court of Karnataka Allows Appeal in Final Decree Proceedings — Non-Compliance with Preliminary Decree Directions Renders Final Decree Unsustainable. The court set aside the final decree in FDP No.9/2013 as the trial court failed to ensure compliance with the preliminary decree's directions regarding payment of owelty and costs before drawing the final decree.

16 Apr 2025

The appeal arises from a final decree in FDP No.9/2013 passed by the Principal Senior Civil Judge, Saundatti. The appellant, who was the 1st responden...

High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. Co-owner in possession cannot claim adverse possession against other co-owners without clear ouster; suit for partition not barred by limitation under Article 65 of Limitation Act, 1963.

2 Jun 2023

The present regular second appeal arises out of a partition suit originally filed as O.S. No. 9/1993 on the file of the Munsiff & JMFC, Koratagere. Th...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit Due to Lack of Substantial Question of Law. Concurrent findings of fact by lower courts regarding joint family property and limitation cannot be interfered with under Section 100 CPC.

31 Oct 2017

The appellant, Madhusudan Vishwanath Mule, filed a second appeal against the judgment and decree of the Civil Judge Junior Division at Malkapur dated ...

High Court

Bombay High Court Allows Second Appeal in Partition Suit — Establishes Plaintiffs' Title and Entitlement to Partition. Court holds that concurrent findings of fact can be interfered with if perverse or based on no evidence, and that plaintiffs proved their 1/3rd share in suit property.

23 Mar 2017

The case involves a second appeal arising from a partition suit. The original plaintiffs, Ratnakar Pralhad Deoras (since deceased, represented by lega...

High Court

Bombay High Court Dismisses Second Appeal in Land Dispute Over Right of Way — Concurrent Findings of Fact Not Interfered With. The court held that a second appeal under Section 100 of the Code of Civil Procedure, 1908 cannot be entertained on questions of fact when findings are based on appreciation of evidence.

10 Mar 2017

The case involves a second appeal filed by the appellants (original plaintiffs) against the judgment and decree of the first appellate court which con...

High Court

Bombay High Court Dismisses Originating Summons for Partition of HUF Property — Plaintiffs Fail to Establish Exclusive Ownership of Mazgaon Property. Court holds that property sold in 2007 was HUF property and proceeds were distributed among all coparceners, including daughters, under Hindu Succession Act, 1956.

27 Feb 2017

The case concerns an Originating Summons filed by Kishore Morarji Bhojraj and Ramesh Morarji Shah (Plaintiffs) against Jaya Hiranchand Karani, Anju Kr...

High Court

Bombay High Court Allows Appeal in Succession Act Case — Will Proved in Manner Required by Law. Court holds that a will executed by a Muslim testator is governed by the Indian Succession Act, 1925, and must be proved in accordance with Section 63(c) and Section 68 of the Evidence Act, 1872.

30 Nov -0001

The case involves a first appeal against the judgment and decree of the Civil Judge, Senior Division, Aurangabad, in Special Civil Suit No. 5 of 2000,...

High Court

Bombay High Court Allows Second Appeal in Suit for Declaration of Ownership and Injunction — Concurrent Findings Set Aside for Failure to Consider Adverse Possession and Limitation. The court held that the plaintiff's suit was barred by limitation as the defendants had perfected title by adverse possession for over 12 years, and the lower courts erred in not framing an issue on limitation.

30 Nov -0001

The case involves a second appeal before the Bombay High Court, Aurangabad Bench, arising from a suit for declaration of ownership and injunction file...

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