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High Court of Karnataka Allows Appeal in Property Dispute — Restrains Interference and Construction Pending Suit. Prima facie case established regarding joint family property and partnership firm rights under Order 39 Rules 1 and 2 CPC.

The appellants, Mr. Parth Ghorpade and Mr. Sarvajeet Ghorpade, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) read with Section 151 of th...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit — Order VII Rule 11 CPC Application Not Maintainable After Preliminary Decree. Preliminary Decree Attains Finality After Dismissal of SLP, Plaint Merges into Decree.

The case involves a long-standing partition dispute between the parties. The great-grandmother of Applicant Nos.1 and 2 originally filed Special Civil...

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High Court of Karnataka Allows Second Appeal in Property Suit — First Appellate Court's Reversal Set Aside Due to Perverse Findings on Adverse Possession. Burden of Proof for Adverse Possession Lies on Claimant; Mere Long Possession Insufficient Under Section 100 CPC.

The present appeal under Section 100 of the Code of Civil Procedure, 1908, arises from a judgment and decree dated 2.6.2007 passed by the Civil Judge ...

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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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Bombay High Court Dismisses Notice of Motion for Interim Relief in Specific Performance Suit Due to Non-Compliance with Order XXXIX Rule 3 CPC. Plaintiffs Failed to Make Out Prima Facie Case for Appointment of Receiver or Injunction.

The plaintiffs, M/s. Pride Associates and others, filed a suit for specific performance of an Agreement for Sale dated 4th June 2005 for a property in...

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Supreme Court Dismisses Appeal in Partition Suit, Upholds Concurrent Findings on Void Gift Deed and Limitation. The court held that no substantial question of law arose regarding limitation under Article 58 of the Limitation Act, 1963, as the courts below had concurrently found the suit not barred.

The case involves a partition suit filed by K.C. Chandrappa Gowda (plaintiff) against his father K.S. Chinne Gowda (first defendant) and K.C. Laxmana ...

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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings on Readiness and Willingness. Agreement of Sale with Possession and Part Payment Enforced Against Subsequent Purchaser Under Section 16(c) of Specific Relief Act, 1963.

The second appeal arises from a suit for specific performance of a sale agreement dated 15.7.1987 between the plaintiff (first respondent) and the fir...