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Madras High Court Modifies Preliminary Decree in Partition Suit, Applies Vineetha Sharma Principles Under Hindu Succession Act. Daughter Entitled to 1/9 Share as Coparcener Under Central Act 39 of 2005, Irrespective of Father's Death Before 2005 and Regardless of Date of Marriage.

The judgment arises from a first appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the preliminary decree dated 25.02.2016 pas...

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High Court of Karnataka Dismisses Regular Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Plaintiff Failed to Prove Marriage and Consequential Rights Over Suit Property; Courts Below Correctly Appreciated Evidence.

The appellant, Basangouda, filed a suit for declaration and injunction in O.S. No. 20/2006 before the Additional Civil Judge (Sr. Dn.), Raichur, claim...

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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.

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

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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Concurrent Findings. Court holds that second wife and her children are entitled to share in joint family property as coparceners under Hindu Succession Act, 1956.

The case involves a partition suit filed by the first wife and her daughters against the husband and his second wife and children. The trial court and...

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Bombay High Court Dismisses Second Appeals in Property Dispute Over Sale Deed Validity — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court Held That No Substantial Question of Law Arises When Findings Are Based on Appreciation of Evidence and Are Not Perverse.

The case involves two second appeals arising from a property dispute. The appellants, Rambhau Maroti Fating and others, and M/s L.G. Developers & Buil...

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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.

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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Bombay High Court Allows Second Appeals in Partition Suit, Remands for Mesne Profits Inquiry Under Order 20 Rule 18 CPC. The court upheld the District Judge's order setting aside the trial court's execution order and remanding for inquiry into mesne profits.

The case involves two second appeals arising from a common judgment of the District Court, Dadra & Nagar Haveli at Silvasa, in Misc. Civil Appeal No.1...