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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit — Order VII Rule 11 CPC Application Not Maintainable After Preliminary Decree. Preliminary Decree Attains Finality After Dismissal of SLP, Plaint Merges into Decree.

The case involves a long-standing partition dispute between the parties. The great-grandmother of Applicant Nos.1 and 2 originally filed Special Civil...

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Supreme Court Dismisses Appeal in Partition Suit, Upholds Concurrent Findings on Void Gift Deed and Limitation. The court held that no substantial question of law arose regarding limitation under Article 58 of the Limitation Act, 1963, as the courts below had concurrently found the suit not barred.

The case involves a partition suit filed by K.C. Chandrappa Gowda (plaintiff) against his father K.S. Chinne Gowda (first defendant) and K.C. Laxmana ...

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Supreme Court Allows Appeal in Gift Deed Condition Case — Sale Deeds Void Due to Restraint on Alienation. Condition in Gift Deed That Donee Cannot Alienate Property Is Valid and Binding, Making Subsequent Sales Void.

The appeal arose from a suit filed by the plaintiffs, sons of defendant No.1, seeking declaration of ownership and to set aside sale deeds executed by...

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Supreme Court Upholds Preferential Right of Heir Under Section 22 of Hindu Succession Act in Agricultural Land Dispute. Section 22 Applies to Agricultural Land as Succession is a Concurrent Subject and Section 4(2) Omission Confirms Uniform Application.

The appeal arose from a dispute between two brothers, Santokh Singh and Nathu Ram, who inherited agricultural land from their father. An arrangement f...

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Bombay High Court Upholds Demolition of Unauthorized Terrace Construction in Cooperative Housing Society. Lease of Terrace by Member Without Society's Consent Invalid Under Maharashtra Cooperative Societies Act, 1960.

The judgment concerns two writ petitions arising from a dispute between N. Jethani (petitioner in WP 5476/1990) and Shri Shivaji Cooperative Housing S...