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Bombay High Court Allows Second Appeal in Partition Suit, Holds Suit Bad for Non-Joinder of Necessary Parties. All co-sharers and co-partners are necessary parties in a suit for partition and possession; failure to join them renders the suit liable to dismissal.

The case involves a second appeal arising from a suit for partition and possession of agricultural land. The respondents (plaintiffs) filed the suit a...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court which con...

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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.

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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High Court of Karnataka Allows Appeal in Property Dispute — Restrains Interference and Construction Pending Suit. Prima facie case established regarding joint family property and partnership firm rights under Order 39 Rules 1 and 2 CPC.

The appellants, Mr. Parth Ghorpade and Mr. Sarvajeet Ghorpade, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) read with Section 151 of th...

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Supreme Court Allows Appeal in Possession Suit, Restores Concurrent Findings of Trial and First Appellate Court. High Court's Reversal Set Aside for Reappreciating Evidence Beyond Second Appeal Scope Under Section 100 CPC.

The case involves a dispute over possession of agricultural land. The plaintiff, Rajendra Kumar Gupta, filed a suit for recovery of possession based o...

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

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

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed. Sale Deed of 3/7th Share Validly Executed by Co-owners in Favour of Plaintiff, and Defendant's Possession as Tenant Is Not Adverse to Plaintiff's Title.

The appellant, original defendant No. 1, filed a second appeal against the concurrent judgments of the trial court and the first appellate court in a ...

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Bombay High Court Dismisses Application for Withdrawal of Suit by Legal Representatives in Property Dispute — Held That Executors of Deceased Plaintiff's Will Are Necessary Parties and Suit Cannot Be Withdrawn Without Their Consent

The case involves a Notice of Motion filed by H.H. Jyotiraditya Madhavrao Scindia and Smt. Madhavi Raje Madhavrao Scindia, who are legal representativ...

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High Court of Karnataka Hears Two Regular First Appeals Under Section 96 CPC Against Common Judgment in Suits for Declaration, Injunction, Partition, and Dissolution of Partnership — Property Dispute Involving Sites in Mysore and Bangalore

The Regular First Appeals RFA No.37/2003 and RFA No.84/2003 were filed under Section 96 of the Code of Civil Procedure, 1908, challenging the common j...