Search Results for "Equitable Partition"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Search Results for "Equitable Partition"

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High Court

High Court of Karnataka Dismisses Writ Petition Challenging Concurrent Findings in Suit for Permanent Injunction — Supervisory Jurisdiction Under Article 227 Not to Be Used to Reappreciate Evidence. The Court Held That Concurrent Findings of Fact by Trial Court and Appellate Court Cannot Be Interfered With Unless Perverse or Jurisdictional Error Exists.

25 Sep 2025

The petitioners, who were the plaintiffs in a suit for permanent injunction, filed a writ petition under Article 227 of the Constitution of India chal...

High Court

High Court of Karnataka Allows Appeal in Property Injunction Case — Trial Court Erred in Dismissing Injunction Applications Without Considering Prima Facie Case and Balance of Convenience. Order 39 Rule 1 and 2 CPC — Court Held That Plaintiff's Possession and Title Must Be Protected Pending Suit.

19 Jan 2024

The appellant, Smt. Jagadishwari, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC) against the o...

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...

Supreme Court

Supreme Court Dismisses Appeal in Inventory Proceedings Under Portuguese Civil Procedure Code Regarding Heritability of Auction Rights. The court held that rights from a successful bid in licitation are heritable under Article 1737 of the Portuguese Civil Procedure Code, 1867, as they are not personal, and the obligation to deposit arises only after final partition, allowing heirs to claim the property.

19 Sep 2022

The dispute originated from inventory proceedings under the Portuguese Civil Procedure Code, initiated in 1985 for the partition of the estate of Lt. ...

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

High Court of Karnataka Considers Appeals Against Vacation of Temporary Injunction in Property Partition Dispute. Grandchildren Seek Share in Ancestral Properties Alleging Attempts to Alienate Suit Properties.

22 Sep 2020

The matter pertains to two appeals filed against the order of the XIV Additional City Civil Judge, Bengaluru, dated 26 September 2019, in Original Sui...

Supreme Court

Supreme Court Restores Concurrent Findings of Fact in Property Dispute, Sets Aside High Court's Interference Under Section 100 CPC. High Court Exceeded Jurisdiction by Reappreciating Evidence and Holding Unregistered Partition List Inadmissible Without Considering Collateral Use.

1 May 2019

The Supreme Court allowed the appeal filed by the original defendants, setting aside the High Court's judgment and restoring the concurrent findings o...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Holds That Sale of Joint Family Property by Karta Without Legal Necessity Is Voidable. The Court restored the trial court's preliminary decree granting one-half share to the Plaintiff in the suit land, rejecting the claim that the land was self-acquired.

23 Mar 2017

The case involves a partition suit filed by the original Plaintiff (Respondent No.1) against Defendant No.1 (since deceased, represented by legal heir...

High Court

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.

30 Jun 2016

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 ...

High Court

Bombay High Court Dismisses Second Appeals in Property Partition Suit, Upholding Concurrent Findings of Courts Below. Family Property Partition Decree Confirmed as No Substantial Question of Law Arises Under Section 100 CPC.

6 Feb 2014

The judgment pertains to two second appeals arising from a partition suit concerning family property. The appellant in Second Appeal No.164 of 2002, B...

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