Search Results for "transfer without partition"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Search Results for "transfer without partition"

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Supreme Court

Supreme Court Allows Appeal in Property Suit Based on Adverse Possession — High Court's Reversal in Second Appeal Without Substantial Question of Law Set Aside. Concurrent Findings of Possession and Ouster by Trial Court and First Appellate Court Restored.

1 Jan 2026

The dispute pertains to a property measuring 1 acre and 18¼ guntas in Sy. No.1/4 originally owned by Thimmadasappa. He executed a registered sale dee...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession. Court holds that a co-owner in possession of joint family property cannot claim adverse possession against other co-owners unless there is ouster or denial of title.

24 Aug 2023

The case involves a partition suit filed by the respondents (plaintiffs) seeking partition and separate possession of joint family properties. The app...

High Court

High Court of Karnataka Quashes Delivery Warrant in Execution Proceedings for Non-Compliance with Order XXI Rule 35 CPC — Judgment Debtors Entitled to Notice Before Delivery of Possession. The court held that failure to issue notice under Order XXI Rule 22 CPC before ordering delivery of possession violates natural justice and renders the execution proceedings void.

16 Jun 2022

The petitioners, Dada Balu Rooge and Smt. Vasundara, were judgment debtors in Execution Petition No.73/2014 pending before the Principal Senior Civil ...

High Court

Karnataka High Court Allows Partition Appeal in Co-owner Dispute — Rejects Adverse Possession Claim. Court holds that a co-owner cannot claim adverse possession against another co-owner without ouster, and a suit for partition is not barred by limitation under Article 65 of the Limitation Act, 1963.

21 Oct 2019

The case involves a family dispute over property originally owned by M.A. Mohammed Ayoob. The appellant, Mohammed Hussain, filed a suit for partition ...

Supreme Court

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.

20 Aug 2019

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

High Court

Bombay High Court Allows Section 9 Petition for Interim Relief in Family Settlement Dispute. Court grants status quo order to protect assets pending arbitration under family settlement agreement.

22 Dec 2018

The petitioner, Mukesh J. Shah, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief pe...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Amendment Application in Partition Suit. Amendment Sought After Commencement of Trial Not Allowed Under Order VI Rule 17 CPC Due to Lack of Due Diligence.

22 Dec 2018

The petitioners, Hemlata Harish Bhatia and Bharat Vallabhdas Bhatia, filed a suit for partition in 2004 against the respondents, Vallabhdas Lalchand D...

High Court

High Court of Karnataka Allows Minor Daughter's Partition Suit Against Parents, Holding That a Daughter Is Entitled to a Share in Joint Family Property Under Hindu Succession Act, 1956. The court set aside the trial court's dismissal and decreed the suit, granting the plaintiff a 1/3rd share in the joint family properties.

23 Jun 2017

The appellant, Kumari Lata, a minor daughter represented by her maternal uncle, filed a Regular First Appeal under Section 96 read with Order 41 Rule ...

High Court

Bombay High Court Dismisses Petition Challenging Conditions for Land Conversion — Land Granted on New and Impartible Tenure Remains Occupancy Class II and Subject to Unearned Income Payment Under Section 29 of Maharashtra Land Revenue Code, 1966.

10 Jan 2017

The petitioner, M/s. Niketan Land and Estate Pvt. Ltd., challenged an order dated 24/02/2010 passed by the Collector, Nashik, which allowed the conver...

High Court

High Court of Karnataka Dismisses First Defendant's Appeal in Partition Suit — Confirms Concurrent Findings on Joint Family Property and Limitation. Court holds that suit for partition is not barred by limitation as long as the plaintiff remains in joint possession and that a co-parcener can seek partition of joint family property even after a preliminary decree.

18 Mar 2015

This is a first defendant's second appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 09.04.2010 pas...

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