Search Results for "unregistered partition"

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Search Results for "unregistered partition"

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High Court

Madras High Court Allows Revision Petition in Execution Proceedings — Unregistered Sale Deed Admissible for Collateral Purpose to Prove Possession Under Order XXI Rule 97 CPC. The court held that an unregistered document can be admitted to prove the character of possession, even if not admissible for title, and directed the trial court to receive the documents subject to payment of stamp duty and penalty.

6 Feb 2026

The revision petitioner, T. Shanmuga Bharathivel, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging ...

High Court

Bombay High Court Allows Writ Petition in Specific Performance Suit — Unregistered Agreement for Sale Can Confer Lawful Possession Entitled to Injunctive Protection. The Court held that possession under an unregistered agreement for sale is lawful and protectable, and the appellate court erred in reversing the trial court's discretionary order by misapplying Section 49 of the Registration Act, 1908 and the ratio in Suraj Lamp.

13 Mar 2025

The petitioner, Annappa Maruti Zalke, filed a suit for specific performance of an agreement for sale dated 11th May 2002 and for an injunction restrai...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Upholds Concurrent Findings of Courts Below. The court held that the appellant failed to prove that the suit property was joint family property and that the trial court and first appellate court had correctly appreciated the evidence.

4 Sep 2024

The case pertains to a regular second appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 24.07...

High Court

Karnataka High Court Considers Second Appeal in Property Dispute: Unregistered Sale Deed and Adverse Possession. The Substantial Questions of Law Include Whether Unregistered Sale Deed Can Be Used Collaterally to Establish Possession for Adverse Possession.

5 Oct 2023

The present regular second appeal was filed by the legal representatives of the original plaintiff, Sudheendra Rao Kasabe, challenging the judgment an...

High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit — Purchasers' Rights Not Affected by Prior Decree. The court held that a consent decree in a previous suit does not bind purchasers who were not parties to that suit, and the suit for partition was maintainable as the property was joint family property.

1 Feb 2022

The case involves a second appeal filed by defendants 4 and 5, who were purchasers of the property, against the judgment and decree in R.A. No. 04/201...

High Court

Karnataka High Court Allows Appeal in Partition Suit — Reverses First Appellate Court's Dismissal and Restores Trial Court's Decree for Equal Half Share. The Court held that the plaintiffs, as daughters of the deceased, are entitled to a share in the joint family property under Hindu Succession Act, 1956, and that the first appellate court erred in reversing the well-reasoned trial court judgment.

27 May 2019

The case involves a partition suit filed by the plaintiffs, who are the daughters of the deceased K.R. Basegowda, against the defendants, who are the ...

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

High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Suit for declaration and injunction dismissed as plaintiff failed to prove title and possession over suit property.

19 Apr 2017

The appellants, legal representatives of the original plaintiff Abdulsab Nannesab Totad @ Jekinkatti, filed a second appeal under Section 100 of the C...

High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit — No Substantial Question of Law Arises. Concurrent findings of fact regarding joint family status and limitation cannot be interfered with under Section 100 CPC.

19 Feb 2014

The appellants, along with one Ramappa, filed a suit for declaration, partition, and separate possession of suit schedule properties, alleging the exi...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession.

30 Nov -0001

The present second appeal arises out of a civil suit for declaration of ownership and permanent injunction filed by the original plaintiffs (now appel...

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