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Karnataka High Court Quashes Trial Court Order Directing Court Fee on Market Value in Partition Suit. Valuation Must Be Decided on Plaint Allegations, Not Cross-Examination Admissions, Under Sections 35(1) and 35(2) of Karnataka Court Fees and Suits Valuation Act, 1958.

The writ petition arose from a suit for partition and separate possession filed by the plaintiff (petitioner) against his brother and the legal heirs ...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit, Upholds Concurrent Findings of Courts Below. 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.

The case involves a second appeal filed by the legal heirs of the original defendant No.1 (since deceased) against the judgment and decree dated 01.10...

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High Court of Madras Quashes Ex-Parte Compromise Decree? – Revision Petitions Challenge Validity Under Order XXIII CPC. Alleged settlement decree in property suits passed without hearing all parties violated procedural safeguards of Order XXIII of Code of Civil Procedure, 1908.

The two Civil Revision Petitions under Article 227 of the Constitution of India were filed against the common judgment and decree dated 11.12.2024 in ...

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Bombay High Court Allows Second Appeal in Partition Suit, Restores Trial Court's Dismissal. Plaintiffs Failed to Prove Suit Lands Were Joint Family Property Under Hindu Law.

The case involves a partition suit filed by the descendants of Nama and Maruti against the legal heirs of Tukaram, claiming that 24 agricultural lands...

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Madras High Court Dismisses Second Appeal in Property Partition Suit — Confirms Concurrent Findings on Possession and Title. Preliminary decree for partition of 40 cents on eastern side upheld as plaintiff proved prior possession and joint ownership of well.

The second appeal was filed by the defendants against the concurrent judgments of the trial court and first appellate court in a suit for declaration ...

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Bombay High Court Dismisses Pre-emption Claim Under Section 22 of Hindu Succession Act, 1956 — Testamentary Succession Bars Intestate Right. Property Devolution by Will Excludes Statutory Right of Pre-emption as Section 22 Applies Only to Intestate Property.

The case involves a dispute over a suit property (Plot No.21, Laxmi Nagar, Nagpur) originally purchased by late Kashinath Subhedar in the name of his ...

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High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Preliminary Decree Granting 1/3rd Share to Plaintiffs. Court holds that plaintiffs established their claim over ancestral property and that the suit was not barred by limitation.

The appeal arises from a preliminary decree passed in O.S.No.32/2015 by the Senior Civil Judge, Sirsi, decreeing the suit for partition. The plaintiff...

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Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...