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Madras High Court Allows Appeal in Partition Suit, Sets Aside Trial Court Decree. Settlement Deed Executed by Father with Concurrence of Daughters Held Valid and Binding.

The case involves a partition suit filed by three sisters against their brother. The suit property was originally purchased by their grandfather and l...

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High Court of Karnataka Pronounces CAV Order in Writ Petition Against Encroachment Removal Orders Under Panchayat Raj Rules. Petitioners Alleged to Have Suppressed Material Facts and Withdrawn Civil Suit.

The Petitioners, Smt. Hombalamma and Sri Appaji, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court o...

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Madras High Court Considers Plaintiff’s Suit for Declaration of Title and Compensation for Land Acquired for Chennai Metro Rail. Suit Filed Under CPC Order VII Rule 1 and Madras High Court Original Side Rules Seeks Compensation for Grama Natham Land in Saligramam Village.

The plaintiff, D. Shankar, instituted Civil Suit No. 725 of 2018 before the Madras High Court seeking a declaration of ownership over three parcels of...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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High Court of Karnataka Allows Second Appeal in Property Dispute — Sets Aside Concurrent Findings on Declaration and Possession. Court holds that the First Appellate Court failed to frame proper points for determination under Order 41 Rule 31 CPC, rendering its judgment unsustainable.

The appellant, Sri Gundappa, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree da...

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Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

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Supreme Court Dismisses Appeal in Partition Suit, Upholds Finding That Properties Were Self-Acquired by Sons, Not Benami. Benami Transactions (Prohibition) Act, 1988 Held Retroactive, Barring Claim Based on Benami Nature.

The present appeal arises from a partition suit filed by Smt. P. Leelavathi (since deceased, represented by legal heirs) against her brothers, the ori...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed. Court held that no substantial question of law arose for interference under Section 100 of the Code of Civil Procedure, 1908.

The case is a second appeal arising from a suit for partition and separate possession filed by the original plaintiffs (respondents) against the origi...