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Madras High Court Partially Allows Partition Appeal, Upholds 1/2 Share for Plaintiff but Sets Aside Mesne Profits Award. Co-owner in possession not liable for mesne profits without proof of ouster.

The appeal arises from a judgment and decree dated 28.02.2018 in O.S.No.65 of 2009 on the file of the Fast Track Mahila Court, Dindigul. The plaintiff...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit. Court Holds That Plaint Cannot Be Rejected Under Order VII Rule 11 CPC When Averments Disclose a Cause of Action, Even If Ancestral Character of Property Is Disputed.

The case involves a civil revision application filed by Mohan Hirachand Shah (defendant no.1) against an order of the Civil Judge, Senior Division, Al...

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Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Courts Below. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The case involves two second appeals arising from a property dispute between family members. The appellants in SA-284-2019 were the original defendant...

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Bombay High Court Allows Amendment of Plaint in Property Suit Under Order 6 Rule 17 CPC — No Prejudice to Defendants as Trial Not Commenced. Amendment sought to convert suit from injunction to partition is permissible when no evidence has been led and no vested right is affected.

The petitioners, original defendants in Regular Civil Suit No.60 of 1988, challenged the order of the Ad-hoc District Judge-8, Pune dated 10/01/2020, ...

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High Court of Karnataka Dismisses Revision Petition Against Order Holding Partition Suit Maintainable Despite Earlier Compromise Decree. Court Rules That a Compromise Decree Does Not Bar a Fresh Suit for Partition When the Decree Was Not Acted Upon and the Parties Continued in Joint Possession.

The petitioner, defendant No.1 in O.S.No.114/2017, filed a revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging ...

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High Court of Karnataka Allows Petition to Implead Daughter in Final Decree Proceedings Under Order 1 Rule 10(2) CPC — Amendment to Section 6 of Hindu Succession Act, 1956 Confers Coparcenary Rights on Daughters Born Before 2005

The petitioner, Smt. Honamma, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 4.6.2014 passed...

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High Court of Karnataka Dismisses Appeals in Property Declaration Suit — Upholds Trial Court Decree Based on Adverse Possession and Valid Title. Concurrent findings of fact regarding possession and title cannot be disturbed in appeal without substantial error.

The case involves two Regular First Appeals (RFA No.429/2003 and RFA No.506/2003) filed against the judgment and decree dated 13.1.2003 passed by the ...