Search Results for "registered partition deed"

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Search Results for "registered partition deed"

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High Court

Bombay High Court Dismisses Second Appeal in Partition Suit, Upholding Concurrent Findings on Joint Family Property and Alienation. Court holds that a coparcener's alienation of joint family property without legal necessity is voidable, not void, and that the alienee is entitled to partition of the alienor's share.

6 Feb 2013

The case arises from a partition suit filed by the plaintiff, Vimlabai, seeking partition and separate possession of joint family properties. The tria...

High Court

Madras High Court Dismisses Second Appeal in Property Dispute, Upholding Concurrent Findings of Fact on Oral Partition and Title. The court held that the second appeal under Section 100 CPC does not involve any substantial question of law as the findings of fact by the lower courts were based on proper appreciation of evidence.

9 Jan 2025

The case involves a property dispute between two brothers, B.Sukumar (appellant/defendant) and B.Ramadoss Reddiyar (respondent/plaintiff). The plainti...

High Court

High Court of Karnataka Allows Second Appeal in Partition Suit — Reopening of Partition Permitted Due to Non-Inclusion of Joint Family Property. The Court held that a prior partition decree not binding on the plaintiff as she was not a party and the property was joint family property.

9 Oct 2017

The appellant, Monakka Shinde, filed a suit (O.S. 370/2004) for reopening of partition, declaration, and injunction against her sons, Maruti Shinde an...

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

High Court of Judicature at Bombay Allows Second Appeal Challenging Partition Decree – Defendant No. 2 Contests Allocation of 1/4th Share in Suit Property

8 Apr 2025

The second appeal arises from a suit for partition and separate possession filed by the respondents (original plaintiffs) against the appellant (defen...

High Court

High Court of Karnataka Allows Appeal in Property Declaration and Possession Suit — Will Construction and Execution Proved. Court holds that execution of will must be proved by examining at least one attesting witness under Section 68 of Indian Evidence Act, 1872, and that a will is not required to be registered under Section 18 of the Registration Act, 1908.

25 Oct 2018

The appeal arises from a judgment and decree dated 17.01.2004 in O.S.No.16271/2001 on the file of the XXVIII Additional City Civil and Sessions Judge,...

High Court

Madras High Court Upholds Easement of Necessity Over Cart Track in Partition Dispute Between Brothers. Plaintiff Granted Declaration and Mandatory Injunction for Access to Landlocked Property Under Section 13 of Indian Easements Act, 1882.

10 Apr 2026

The case involves two appeals arising from a suit between two brothers, T.M. Thiruvenkatasamy (defendant) and M.Sundararajan (plaintiff), concerning f...

High Court

High Court of Karnataka Allows Civil Revision Petition in Suit for Declaration of Joint Family Property — Plaint Not Liable for Rejection Under Order VII Rule 11 CPC. Daughters and Minor Son's Suit for Declaration of Joint Family Property and Partition is Maintainable Despite Alleged Prior Partition Deed.

7 Mar 2025

The petitioner-defendant No. 3 filed a civil revision petition under Section 115 of CPC challenging the order dated 19.07.2023 passed by the Senior Ci...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Upholds Concurrent Findings of Courts Below. The court held that the appellant failed to prove that the suit property was joint family property and that the trial court and first appellate court had correctly appreciated the evidence.

4 Sep 2024

The case pertains to a regular second appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 24.07...

High Court

High Court of Karnataka Hears Two Regular First Appeals Filed Against Trial Court Judgments in Property Dispute. Appeals Challenge Dismissal of Declaration Suit and Decree of Partition Suit Based on Conflicting Gift Deeds and Succession Claims.

3 Aug 2021

The High Court of Karnataka took up two Regular First Appeals (RFA No.1285/2008 and RFA No.731/2014) for common disposal, arising from two original ci...

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