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High Court of Karnataka Hears Appeals in Partition Suit — Defendants Challenge Partly-Decreed Judgment Under Section 96 CPC; Appeals Clubbed and Heard Together. The Division Bench Considers Whether Trial Court Rightly Granted Plaintiff Partial Relief in Suit for Partition, Declaration, and Injunction.

The judgment dealt with three Regular First Appeals preferred against the judgment and decree dated 18.11.2019 in O.S.No.90/2014 by the II Additional ...

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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 Appeal in Partition Suit — Co-owner Cannot Claim Adverse Possession Without Ouster. Preliminary Decree Set Aside for Failure to Determine Shares Under Hindu Succession Act.

The present appeal arises from a partition suit filed by the respondent (original plaintiff) against the appellant (original defendant) concerning anc...

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Bombay High Court Allows Impleadment in Partition Suit Under Order I Rule 10 CPC — Petitioners Claiming Independent Title Are Necessary Parties. Trial Court's Rejection Set Aside to Avoid Multiplicity of Proceedings and Enable Complete Adjudication.

The petitioners filed a writ petition challenging the order of the Civil Judge, Junior Division, Panhala, Kolhapur, rejecting their application under ...

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Bombay High Court Allows Amendment of Plaint in Property Suit Under Order 6 Rule 17 CPC — No Prejudice to Defendants as Trial Not Commenced. Amendment sought to convert suit from injunction to partition is permissible when no evidence has been led and no vested right is affected.

The petitioners, original defendants in Regular Civil Suit No.60 of 1988, challenged the order of the Ad-hoc District Judge-8, Pune dated 10/01/2020, ...