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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when courts below have concurrently found that suit property is joint family property and plaintiff is entitled to share.

The present second appeal was filed by the original defendants No.2 to 4 against the judgment and decree passed by the District Judge, Latur, in Regul...

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High Court of Karnataka Pronounces Judgment in Regular First Appeal Against Partition Decree Pending 16 Years. Appeal Raised Issues of Daughter's Coparcenary Rights Under Section 6 of Hindu Succession Act and Validity of Gift Deeds in Violation of Court Order.

The litigation originated from a suit for partition, separate possession, and mesne profits filed on 28 January 1995 by Shantavva, the first wife of K...

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Bombay High Court Allows Amendment in Partition Suit After Remand — Liberal Approach to Pleadings Under Order VI Rule 17 CPC. Defendants' Application for Amendment of Written Statement Rejected by Trial Court on Grounds of Delay and Lack of Bona Fides Set Aside; Amendment Allowed with Costs.

The petitioners, defendants in a suit for declaration, partition and separate possession, challenged the trial court's order dated 27/06/2016 rejectin...

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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...

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High Court of Karnataka Dismisses Appeal in Partition Suit, Upholding Trial Court's Dismissal Due to Prior Partition and Wills. Properties Already Dealt With Under Prior Partition Deed (Ex.D-3) and Testamentary Succession (Ex.D-4, D-7) Leaving No Joint Family Property for Partition.

The litigation arose out of a suit for partition filed by the appellant, Smt. Jaywanthi K. Kapadia, who is one of the legal heirs of late A. Venilal. ...