Search Results for "Partition deed"

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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...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "Partition deed"

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High Court

Bombay High Court Dismisses Second Appeals in Property Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner cannot claim adverse possession against another co-owner unless there is clear ouster and hostile title asserted.

30 Nov -0001

The case involves a property dispute between two brothers, Gurudayalsing Bindra (original defendant, now represented by his legal representatives as a...

High Court

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.

14 Oct 2005

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...

High Court

High Court of Karnataka Sets Aside First Appellate Court's Decree and Restores Trial Court Dismissal; Adverse Possession Claim Fails as Plaintiff Did Not Admit Defendant's Title and Possession Was Not Hostile

25 Apr 2026

The dispute concerned agricultural land bearing Sy.No.113 measuring 8 acres 84 cents in Bellary district. The original plaintiff Smt. Hampamma filed a...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Impleadment Application in Partition Suit — Petitioner's Right to be Heard as Necessary Party Upheld Under Order 1 Rule 10 CPC.

30 Sep 2014

The petitioner, Dattatraya S/o Laxman Anandkar, filed a writ petition challenging the order of the Civil Judge, Junior Division, Shrigonda, dated 30/0...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit, Upholding High Court's Decision on Share Entitlement and Appellate Jurisdiction. The court held that in a partition suit, parties' positions are interchangeable, allowing appellate relief to non-appealing plaintiffs under Order XLI Rule 4 and Rule 33 of the Code of Civil Procedure, 1908, and that second appeals can address factual issues if findings are perverse.

21 Feb 2022

The appeal arose from a partition suit filed by plaintiff Nos. 1 to 8 (respondent Nos. 1 to 8) against defendant No. 1 (appellant) regarding shares in...

High Court

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.

22 Nov 2024

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 ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Executing Court's Refusal to Reopen Partition Decree Based on Will. Executing Court Cannot Go Behind a Final Decree to Redetermine Shares on Basis of Alleged Will Produced After Decree Became Absolute.

1 Jul 2024

The Bombay High Court dismissed a Writ Petition challenging the order of the Executing Court rejecting an application for framing of issues and modifi...

High Court

Bombay High Court Allows Second Appeal in Co-owner's Suit for Possession and Mesne Profits — Decree for Possession and Mesne Profits Upheld. Court holds that a co-owner in exclusive possession of joint family property is liable to pay mesne profits to other co-owners from the date of demand, and that the suit is not barred by limitation under Article 65 of the Limitation Act, 1963.

30 Nov -0001

The case involves a dispute over joint family property between co-owners. The original plaintiff, Rangnath Shivram Medankar (since deceased, represent...

High Court

Bombay High Court Allows Second Appeal in Co-owner Property Dispute — Holds That Possession of Co-owner Is Not Adverse Without Ouster. The court ruled that the burden of proving ouster lies on the party claiming adverse possession, and the suit for declaration and possession was within limitation under Article 65 of the Limitation Act, 1963.

29 Oct 2015

The case involves a property dispute among co-owners. The appellants (original plaintiffs) filed a suit for declaration of title and possession of agr...

High Court

Bombay High Court Dismisses Appeal in Inventory Proceedings — Prescription Under Portuguese Civil Code Does Not Bar Co-Heir's Right to Seek Inventory After 30 Years. The Court held that the right to seek inventory is imprescriptible and can be exercised at any time by a co-heir, as it is a right to partition and not a right to claim ownership against another co-owner.

17 Sep 2020

The case involves a dispute between a brother and sister over the estate of their mother, who died in 1979. The sister, Monica Sinai Rataboli, initiat...

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