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Bombay High Court Dismisses Revision in Specific Performance Suit — Res Judicata Not Applicable to Lok Adalat Award. Court holds that a compromise decree passed by Lok Adalat does not bar a subsequent suit for specific performance of the same agreement.

The revision application was filed by the petitioner (Ajitpalsingh Khalsa) against the order dated 21/11/2015 passed by the Jt. Civil Judge (SD) Amrav...

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Supreme Court Reverses High Court Order Permitting Counter-Claim in Property Dispute -- Counter-Claim After Issues Framed and Against Co-Defendant Held Not Maintainable Under CPC

The Supreme Court reversed the High Court of Gujarat's order that permitted defendant no. 2 to amend his written statement and file a counter-claim in...

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Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

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Madras High Court Pronounces Judgment in Appeal by 9th Defendant Against Decree in Partition and Declaration Suit — Validity of Sale Deeds Executed Without Consent of Co-sharer Questioned

The appeal was filed under Section 96 of the Code of Civil Procedure, 1908 by the 9th defendant against the judgment and decree dated 06.03.2020 in O....

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Bombay High Court: Partition Suit Involving Properties Outside Jurisdiction Requires Clause XII Leave; Plaint Rejected Under Order VII Rule 11 CPC for Partial Partition Bar | Renu Balwant Maru v. Bupendra Damjibhai Tank & Ors.

The Bombay High Court held that a partition suit involving immovable properties situated partly outside its territorial jurisdiction is a “Suit ...

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Bombay High Court Allows Partition Suit Despite Non-Joinder of Daughters as Necessary Parties Under Hindu Succession Act, 1956. Daughters not claiming share are not necessary parties in partition suit among male heirs.

The case involves a second appeal arising from a partition suit. The plaintiff, claiming to be the son of Ishwara, sought partition and separate posse...