Search Results for "Partition deed"

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Search Results for "Partition deed"

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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...

High Court

High Court of Karnataka at Dharwad Allows Writ Petition, Setting Aside Trial Court's Order on Court Fee in Partition Suit. Plaintiff Entitled to Fixed Court Fee Under Section 35(2) as Joint Possession Presumed Unless Ouster Proved.

17 Jul 2026

The High Court of Karnataka at Dharwad, by its single judge, entertained a writ petition under Articles 226 and 227 of the Constitution of India filed...

High Court

Bombay High Court Dismisses Partition Suit by Second Wife Against Stepchildren — Agreement of 1989 Bars Claim to Deceased Husband's Properties. Court Holds That Plaintiff Voluntarily Relinquished Rights to Movable and Immovable Properties of Sureshchandra Jhaveri by Agreement Dated 03.05.1989, Which Was Not Vitiated by Coercion or Misrepresentation, and That Properties in Exhibit-A Were Not Self-Acquired Properties of Deceased.

10 Jun 2024

The Plaintiff, the second wife of Sureshchandra Jhaveri, filed a suit seeking a declaration of her one-fourth share in the suit properties described i...

Supreme Court

Supreme Court Allows Appeal in Hindu Succession Property Dispute — Mother Cannot Act as Guardian of Minor Daughter's Separate Property Inherited from Father. Release Deed Executed by Mother as Guardian of Minor Daughter Without Court Sanction is Voidable, Not Void Ab Initio, and Must Be Challenged Within Limitation Period.

8 Jan 2020

The dispute originated from a suit for partition filed by the youngest daughter of Moola Gounder, who died intestate on 28.12.1971. Moola Gounder was ...

High Court

Bombay High Court Full Bench Interprets Prospective vs. Retrospective Operation of Amended Section 6 of Hindu Succession Act in Second Appeals. Court Examines Coparcenary Rights of Daughters Born Before and After 2005 Amendment and Whether Division Bench Decision Is Per Incuriam.

14 Aug 2014

This matter came before a Full Bench of the Bombay High Court upon a reference by a learned Single Judge (R.G. Ketkar, J.) who doubted the correctness...

High Court

Bombay High Court Allows Appeal in Property Injunction Case — Appellants Entitled to Temporary Injunction Against Respondents. Court holds that a co-owner in exclusive possession of joint property cannot be dispossessed except by due process of law, and that the trial court erred in refusing injunction based on disputed title.

5 Jul 2010

The appellants, Smt. Laxmibai Ramkrishna Pate and Shri Deepak Ramkrishna Pate, filed an appeal against an order of the learned Civil Judge, Senior Div...

Supreme Court

Supreme Court Dismisses Appeal Against Rejection of Amendment Application in Partition Suit — Belated and Mala Fide Amendment Sought After Trial Concluded. The Court held that an amendment under Order VI Rule 17 CPC after trial commenced requires proof of due diligence, and the proposed amendment would change the nature of the suit and cause prejudice.

14 Feb 2019

The appellant, M. Revanna, was Plaintiff No. 1 in a suit for partition and separate possession of joint family properties filed in 1993. The suit was ...

High Court

High Court of Karnataka Allows Second Appeal in Partition Suit — Reverses First Appellate Court's Decree for Partition. Held that the plaintiff failed to prove joint family status and title over the suit property, and the First Appellate Court erred in reversing the Trial Court's dismissal without proper consideration of evidence.

22 Jun 2024

The case involves a second appeal filed by the defendant (appellant) against the judgment and decree of the First Appellate Court in R.A.No.54/2016 da...

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...

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