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Search Results for "Partition suit"

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Supreme Court

Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

15 May 2026

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...

High Court

Bombay High Court: Partition Suit Involving Properties Outside Jurisdiction Requires Clause XII Leave; Plaint Rejected Under Order VII Rule 11 CPC for Partial Partition Bar | Renu Balwant Maru v. Bupendra Damjibhai Tank & Ors.

23 Feb 2026

The Bombay High Court held that a partition suit involving immovable properties situated partly outside its territorial jurisdiction is a “Suit ...

High Court

Bombay High Court Quashes Minister's Revision Order in Land Partition Dispute — Holds That Revenue Authorities Cannot Reopen Final Civil Court Decrees Under Maharashtra Land Revenue Code. The court ruled that the revisional power under Section 257 of the Maharashtra Land Revenue Code, 1966 cannot be used to re-adjudicate a partition decree that attained finality in 1956, and that a delay of over 12 years in filing revision is fatal.

4 Nov 2025

The Bombay High Court was hearing a batch of writ petitions challenging an order dated 27 September 2024 passed by the Minister (Revenue and Forest De...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Daughters Cannot Claim Share in Coparcenary Property Allotted to Father Before 20th December 2004. The Hindu Succession (Amendment) Act, 2005 is prospective and does not affect partitions effected prior to the amendment.

27 Jan 2025

The case involves a Regular First Appeal (RFA) filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated...

Supreme Court

Supreme Court Dismisses Appeal in Marumakkathayam Partition Suit — Thavazhi Property Cannot Be Alienated Without Consent. The Court affirmed that properties acquired by female descendants under Marumakkathayam law constitute thavazhi property, and any partition or alienation by some members without the consent of all is void.

22 Nov 2024

The present appeal arises from a suit for partition filed by the plaintiffs (respondents herein) against the defendants (appellants) before the Addl. ...

High Court

High Court of Karnataka Dismisses Appeals in Partition Suit, Upholds Daughters' Right to Equal Share in Joint Family Property. The court held that daughters are coparceners under Section 6 of Hindu Succession Act, 1956, and the suit for partition is not barred by limitation.

9 Oct 2023

The case involves two Regular First Appeals filed against the judgment and decree dated 22.04.2016 in O.S.No.173/2011 passed by the Principal Senior C...

Supreme Court

Supreme Court Allows Appeals in Pre-emption Suit, Holding That Right of Pre-emption Is a Weak Right and Must Be Strictly Proved — Plaintiff Failed to Establish Superior Right Under Punjab Pre-emption Act, 1913.

17 Aug 2023

The present appeals arise from a common judgment of the Punjab and Haryana High Court dated 17.08.2007, which allowed two second appeals (RSA No.1470/...

Supreme Court

Supreme Court Dismisses Plaintiff's Appeal in Partition Suit Based on Res Judicata and Invalid Will. The suit was barred under Section 11 of the Code of Civil Procedure, 1908, as prior litigation had conclusively established a valid partition in 1964, extinguishing the testator's ownership rights and rendering the will ineffective.

27 Jan 2022

The dispute originated from a partition suit filed by the plaintiff, who claimed a one-fourth share in joint family properties based on a will execute...

High Court

Bombay High Court at Goa Dismisses Appeal Challenging Declaration of Partition Deed as Null and Void. Partition Deed Executed Without Consent of All Co-Owners and Without Legal Necessity is Void Under Transfer of Property Act, 1882 and Specific Relief Act, 1963.

23 Dec 2016

The case involves a family property dispute among the heirs of Hyder Kassim Khan. The plaintiffs, including the widow and son of one of the brothers, ...

High Court

Bombay High Court Allows Revision Application in Suit for Declaration and Injunction — Dispute Over Agricultural Land and Family Arrangement. Court holds that a Civil Revision Application under Section 115 CPC is maintainable against an order refusing to amend written statement, and that amendment seeking to incorporate a family arrangement and counterclaim should be allowed to avoid multiplicity of proceedings.

30 Nov -0001

The petitioners, original defendants in a suit for declaration and permanent injunction, filed a Civil Revision Application under Section 115 of the C...

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