Search Results for "Partly Decreed"

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Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree for Possession and Declares Sale Deeds Void. Co-owner's right to seek possession against trespasser without filing partition suit upheld under Section 100 CPC.

The case involves a property dispute where the appellant, Mahadeo Madhaoji Shitaye, filed a suit (Regular Civil Suit No. 140 of 1990) seeking declarat...

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High Court of Karnataka Allows Daughter's Partition Appeal Against Brother and Mother, Holding Father's Properties as Self-Acquired and Not Ancestral. Daughter Entitled to Equal Share Under Section 8 of Hindu Succession Act, 1956 as Will Not Proved.

The appellant, M. Shobha, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree date...

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Gujarat High Court Examines Whether Appeal is Barred by Res Judicata and Abatement in Suit for Specific Performance; Court Notes that Plaintiffs Did Not Appeal Decree in Companion Suit and Failed to Bring All Legal Heirs On Record.

The appeal arises from the judgment and decree dated 18.03.2000 passed by the trial court in Special Civil Suit No. 176 of 1991 and Regular Civil Suit...

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High Court of Karnataka Dismisses Appeal in Partition Suit, Upholding Trial Court's Dismissal Due to Prior Partition and Wills. Properties Already Dealt With Under Prior Partition Deed (Ex.D-3) and Testamentary Succession (Ex.D-4, D-7) Leaving No Joint Family Property for Partition.

The litigation arose out of a suit for partition filed by the appellant, Smt. Jaywanthi K. Kapadia, who is one of the legal heirs of late A. Venilal. ...

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Madras High Court Allows Second Appeal in Property Suit, Sets Aside Concurrent Findings of Courts Below. Court holds that plaintiff failed to prove title and possession, and that the suit was barred by limitation under Article 65 of the Limitation Act, 1963.

The case involves two second appeals arising from a common judgment of the Additional Sub Judge, Chengalpattu, in A.S. No.12 of 2001, which modified t...

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Bombay High Court Upholds Eviction Decree Against Tenants for Default in Rent Payment, Dismisses Landlords' Cross-Appeal on Subletting. The Court held that Defendant Nos. 2 and 3 were direct tenants of the Plaintiffs and not sub-tenants, and decreed eviction solely on ground of default in payment of rent.

The case involves cross proceedings between the landlords (Plaintiffs) and the tenants (Defendant Nos. 2 and 3) concerning a suit premises in Pune. Th...

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High Court of Karnataka Dismisses Appeals in Partition Suit, Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was maintainable and that the plaintiffs had established their share in the joint family property.

The case involves a partition suit filed by the appellants (plaintiffs) against the respondents (defendants) seeking partition and separate possession...

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Madras High Court Allows Second Appeal in Partition Suit Due to Failure to Prove Will by Examining Attesting Witness. Concurrent Findings Set Aside as Will Not Proved Under Sections 68 and 69 of Indian Evidence Act, 1872.

The first plaintiff in a partition suit filed O.S. No.121 of 2010 before the Principal Sub Judge, Nagercoil, seeking partition and separate possession...