Search Results for "Regular Second Appeal"

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Supreme Court

Supreme Court Dismisses Appeal in Partition Suit, Upholding High Court's Decision on Share Entitlement and Appellate Jurisdiction. The court held that in a partition suit, parties' positions are interchangeable, allowing appellate relief to non-appealing plaintiffs under Order XLI Rule 4 and Rule 33 of the Code of Civil Procedure, 1908, and that second appeals can address factual issues if findings are perverse.

21 Feb 2022

The appeal arose from a partition suit filed by plaintiff Nos. 1 to 8 (respondent Nos. 1 to 8) against defendant No. 1 (appellant) regarding shares in...

Supreme Court

Supreme Court Upholds Validity of Relinquishment Deed Executed by Karta in Joint Hindu Family Property Case. Relinquishment deed executed by eldest male member as Karta is valid and binding on minor coparceners, and suit for declaration filed beyond limitation period is barred.

13 Dec 2021

The present appeal arises from a suit filed in 1994 by four younger sons of late M.C. Rudrappa seeking a declaration that a relinquishment deed dated ...

Supreme Court

Supreme Court Sets Aside High Court's Dismissal of Second Appeal and Remands Matter for Fresh Consideration Due to Lack of Reasons. High Court Must Assign Reasons When Dismissing Second Appeal In Limine Under Section 100 of Code of Civil Procedure, 1908, to Demonstrate Application of Mind and Allow Understanding of Decision.

29 Nov 2021

The dispute originated from a civil suit for declaration of tenancy, eviction, and other reliefs filed by the plaintiff against the defendant concerni...

Supreme Court

Supreme Court Dismisses Appeal in Ejectment Case Under Punjab Security of Land Tenures Act, 1953. Civil Suit Not Barred Under Section 25 as Revenue Court Order Was Without Jurisdiction Due to Absence of Landlord-Tenant Relationship and Invalid Sale of Trust Property.

17 Nov 2021

The Supreme Court of India heard a civil appeal arising from a dispute over ejectment of a tenant from agricultural land. The appellants, claiming to ...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Property Dispute Due to Res Judicata Bar from Prior Representative Suit and Compromise Decree. The Court Held That a Judgment in a Representative Suit Under Section 92 of the Code of Civil Procedure, 1908, Binds All Interested Parties Under Explanation IV to Section 11, and a Compromise Decree Precludes Re-agitation of Title Issues, Affirming Lower Court Decisions.

23 Sep 2021

The dispute centered on a property claimed as wakf by the Jamia Masjid Gubbi, represented by its President, against defendants including successors of...

Supreme Court

Supreme Court Allows Appeal in Property Injunction Suit, Reversing High Court's Remand Order. Suit for Permanent Injunction Without Declaration of Title Held Maintainable Under Principles from Anathula Sudhakar Case, as Possession Was Established and Title Not Directly in Issue, Restoring Trial Court Decree Based on Concurrent Findings of Fact.

7 Sep 2021

The dispute arose from a civil suit filed by the appellant-plaintiff seeking a permanent injunction to restrain the respondent-defendant from trespass...

Supreme Court

Supreme Court Dismisses Appeal by Purchaser Against High Court Decision That Compromise Decree Does Not Bind Coparceners. Property Reacquired by Coparceners Through Court Decree Retains Joint Family Character, Requiring Consent of All Coparceners for Valid Compromise Under Hindu Law.

1 Jul 2019

The Supreme Court dismissed an appeal against the High Court's judgment which declared that a compromise decree dated 25 March 1976, entered into betw...

Supreme Court

Supreme Court Dismisses Appeal in Second Appeal Case - Punjab Courts Act Applies Over CPC. Substantial Question of Law Not Required for Second Appeals in Punjab Under Section 41 of Punjab Courts Act, 1918.

10 May 2019

The Supreme Court disposed of a civil appeal arising from a regular second appeal decided by the Punjab and Haryana High Court. The sole contention ra...

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...

Supreme Court

Supreme Court Disposes of Civil Appeals in Terms of Settlement Deeds — Parties Amicably Resolve Disputes in Property-Related Matters. The Court directed the Registry to draft decrees in accordance with the settlement deeds, which were to form part of the order.

30 Apr 2019

The Supreme Court of India disposed of three civil appeals arising from Regular Second Appeals before the Punjab and Haryana High Court. The appeals i...

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