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High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds trial and appellate court decrees granting 1/3rd share to plaintiffs in joint family property, rejecting defendants' claim of prior partition.

The present regular second appeal was filed by defendants No.1 to 6 (appellants) under Order XLII Rule 1 read with Section 100 of the Code of Civil Pr...

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Bombay High Court Quashes Lok Adalat Award for Lack of Valid Reference Under Section 20 of Legal Services Authorities Act, 1987. Petitioner's Signature Obtained Without Proper Procedure Renders Award Void.

The petitioner, Madhukar Baburao Shete, a senior citizen with 95% physical disability, challenged an award passed by the Lok Adalat in Regular Civil S...

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Karnataka High Court Dismisses Second Appeal in Partition Suit Involving Tenancy Rights of Joint Hindu Family. Tenancy rights in suit property held not to be joint family property and not liable for partition.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the defendant-appellant against the judgment and de...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Upholds Concurrent Findings of Courts Below. Plaintiff failed to prove joint family property and possession within limitation under Hindu Succession Act, 1956.

The case involves a second appeal filed by the plaintiffs, who were the widow and daughters of Daulatram, against the dismissal of their suit for part...

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Bombay High Court Dismisses Judgment Debtors' Writ Petitions Challenging Attachment in Execution of Foreign Decree. Court Holds That Objections Under Order 21 Rule 58 CPC Must Be Raised Before Executing Court, Not by Writ Petition.

The judgment pertains to two writ petitions filed by judgment debtors challenging the attachment of their property in execution of a foreign decree. T...

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Bombay High Court Allows Decree Holder's Appeal in Execution Proceedings — Transfer of Attached Property Void Under Section 64 CPC. Sale of Property by Judgment Debtor After Attachment Order Cannot Defeat Decree Holder's Right to Execute Decree.

The case arises from a First Appeal filed by Mrs. Meera Unnikrishnan, the decree holder, against the dismissal of her execution application by the Civ...

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High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Upheld. Court holds that no substantial question of law arises under Section 100 CPC where lower appellate court's finding that property is joint family property is based on evidence.

The case involves a Regular Second Appeal filed by the defendants (appellants) against the judgment and decree of the Civil Judge (Sr. Dn.), Ranebennu...