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High Court of Karnataka Dismisses Writ Petition Challenging Trial Court's Order on Court Fee Valuation in Partition Suit — Suit Properly Valued Under Section 35(2) of Karnataka Court Fees and Suits Valuation Act, 1958.

The petitioners, defendant Nos. 3 and 4 in a partition suit (O.S. No. 53/2010) pending before the Principal Senior Civil Judge, Udupi, filed a writ pe...

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Bombay High Court Allows Writ Petition, Sets Aside Executing Court Order Declining Injunction Due to Functus Officio. Executing Court Retains Jurisdiction Under Section 47 CPC Even After Sending Precept to Collector for Partition, Can Grant Ancillary Reliefs.

The dispute arose from a protracted partition litigation spanning nearly six decades. A decree for administration of an estate and partition was pass...

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Bombay High Court Allows Second Appeals in Partition Suit, Remands for Mesne Profits Inquiry Under Order 20 Rule 18 CPC. The court upheld the District Judge's order setting aside the trial court's execution order and remanding for inquiry into mesne profits.

The case involves two second appeals arising from a common judgment of the District Court, Dadra & Nagar Haveli at Silvasa, in Misc. Civil Appeal No.1...

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KAHC010872812010_1

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Bombay High Court Dismisses Appeal in Partition Suit — Gandharva Marriage Valid for Inheritance. Marriage performed in Gandharva form is recognized under Hindu law, and children from such marriage are entitled to ancestral property share under Hindu Succession Act, 1956.

The case involves a second appeal filed by the defendants against the judgment of the 2nd Additional District Judge, Nasik, which decreed the plaintif...

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Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

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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.

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...