Search Results for "Hindu family partition"

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Search Results for "Hindu family partition"

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High Court

High Court of Karnataka Allows Regular Second Appeal in Partition Suit — Reverses First Appellate Court's Judgment for Misreading Evidence and Ignoring Adverse Possession Claim. The Court held that the First Appellate Court failed to properly re-appreciate evidence and erroneously reversed the trial court's decree without considering the appellant's claim of adverse possession and the validity of the Will.

15 Jun 2023

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) was filed by the appellant, J K Ramesha, challenging th...

High Court

Bombay High Court Allows Development Work in Specific Performance Suit Based on Oral Agreement — Interim Injunction Granted to Protect Plaintiff's Possession and Development Rights Pending Trial. The Court held that the Plaintiffs had made out a strong prima facie case for specific performance of an oral agreement for sale of an undivided share in immovable property, and the balance of convenience favoured granting interim relief to carry out development work.

11 Nov 2013

The Plaintiffs, Man Chandak Developers Pvt. Ltd., filed a suit for specific performance of an oral agreement entered into with late Shri Mangilal Gula...

High Court

Madras High Court Sets Aside Waqf Tribunal Order for Lack of Reasoned Decision and Remands for Fresh Enquiry Under Section 40. Non-speaking resolution by Waqf Board without proper enquiry into whether properties were private or public waqf necessitated remand for fresh determination.

27 Feb 2026

The dispute centred on the nature of waqf over certain properties. The original petitioner, M. Sirajudeen Sayeed (since deceased, represented by legal...

High Court

Bombay High Court Allows Second Appeal in Partition Suit — Finds Substantial Question of Law on Adverse Possession and Limitation. Court holds that the first appellate court failed to properly consider the plea of adverse possession and limitation, and remands the matter for fresh consideration.

30 Nov -0001

The case involves a second appeal arising from a partition suit. The appellants, original plaintiffs, filed a suit for partition and separate possessi...

High Court

Bombay High Court Allows Revision Application in Suit for Declaration and Injunction — Dispute Over Agricultural Land and Family Arrangement. Court holds that a Civil Revision Application under Section 115 CPC is maintainable against an order refusing to amend written statement, and that amendment seeking to incorporate a family arrangement and counterclaim should be allowed to avoid multiplicity of proceedings.

30 Nov -0001

The petitioners, original defendants in a suit for declaration and permanent injunction, filed a Civil Revision Application under Section 115 of the C...

High Court

Bombay High Court Allows Second Appeal in Property Suit — Finds Lower Appellate Court Failed to Consider Evidence Properly Under Section 100 CPC. The Court held that the first appellate court must independently assess evidence and cannot merely affirm the trial court's findings without proper reasoning.

20 Oct 2015

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the 2nd Ad-hoc Additional District ...

High Court

High Court of Karnataka Allows Amendment of Plaint in Partition Suit — Petitioner Permitted to Include Alternative Relief of Sale Proceeds. Amendment sought before trial; court holds that Order VI Rule 17 CPC does not require due diligence before commencement of trial.

16 Feb 2022

The petitioner, Smt. Hemalatha, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 08.08.2018 passed by ...

High Court

Bombay High Court Dismisses Appeal in Inventory Proceedings — Prescription Under Portuguese Civil Code Does Not Bar Co-Heir's Right to Seek Inventory After 30 Years. The Court held that the right to seek inventory is imprescriptible and can be exercised at any time by a co-heir, as it is a right to partition and not a right to claim ownership against another co-owner.

17 Sep 2020

The case involves a dispute between a brother and sister over the estate of their mother, who died in 1979. The sister, Monica Sinai Rataboli, initiat...

High Court

High Court of Karnataka Reviews Trial Court Order on Memo and Injunction Application in Pending Partition Suit. Plaintiff Challenges Order Allowing Bank's Memo and Rejecting Interim Relief Under Order XXXIX Rules 1 and 2 CPC.

24 Aug 2023

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High Court

Karnataka High Court Quashes Order Allowing Amendment in Final Decree Proceedings to Include Property Not Part of Original Suit — Amendment Under Order VI Rule 17 CPC Not Permissible After Decree Has Attained Finality.

1 Apr 2014

The petitioner, the 2nd defendant in a partition suit, challenged the trial court's order allowing an application under Order VI Rule 17 of the Code o...

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