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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholds Concurrent Findings of Courts Below. Court holds that substantial questions of law under Section 100 CPC must be framed at the time of admission and cannot be raised later.

The present Second Appeal was filed by the original defendants challenging the concurrent judgment and decree passed in Regular Civil Suit No. 115/200...

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Supreme Court Dismisses Appeal in Family Partition Dispute Over Roof Rights and Valuation of Property. Court Holds That Reopening Final Decree Would Undo Settled Rights and Encourage Further Litigation.

The present appeal arises from a family partition dispute concerning the properties left by Late Rameshwar Nath Soral, who died on 28.01.1996, survive...

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Karnataka High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when courts below concurrently found that suit property was joint family property and plaintiffs proved their share.

The case pertains to a second appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 09.01.1996 pa...

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Bombay High Court Upholds Partition Decree, Rejects Exclusive Ownership Claim Based on Tenancy Order. Civil Court Has Jurisdiction to Determine Whether Section 32G Order Was Obtained for Joint Family or Individual Capacity.

The dispute arose from a partition suit filed by respondent no.1, Maruti Laxman Shelar, claiming a 1/5th share in ancestral joint family properties. T...

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Bombay High Court Allows Second Appeal Due to Procedural Error in Not Framing Points for Determination by Lower Appellate Court. Partition Decree Set Aside and Remanded for Fresh Disposal Under Order 41 Rule 31 CPC.

The case arises from a partition suit (Regular Civil Suit No.4 of 1986) filed by the respondents (original plaintiffs) against the appellant (original...

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Karnataka High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed. Court holds that no substantial question of law arises under Section 100 CPC when findings are based on appreciation of evidence and not perverse.

The original plaintiff, B. Jayamma, filed a suit for partition of suit schedule property claiming to be the wife of late Bheemaiah and daughter of lat...

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Karnataka High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed. Court holds that no substantial question of law arises under Section 100 CPC where courts below concurrently found plaintiff not to be the legally wedded wife of deceased.

The case involves a second appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 16.04.2004 passe...

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High Court of Karnataka Allows Appeal in Partition Suit — Rejects Plaint Rejection Under Order VII Rule 11 CPC. Suit for Partition and Separate Possession of Joint Family Property Not Barred by Limitation as Perpetual Right to Seek Partition Recognized Under Hindu Law.

The present Regular First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree dated 24.02...

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High Court of Karnataka Dismisses Appeals in Property Declaration Suit — Upholds Trial Court Decree Based on Adverse Possession and Valid Title. Concurrent findings of fact regarding possession and title cannot be disturbed in appeal without substantial error.

The case involves two Regular First Appeals (RFA No.429/2003 and RFA No.506/2003) filed against the judgment and decree dated 13.1.2003 passed by the ...