Search Results for "Partition deed"

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Search Results for "Partition deed"

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High Court

High Court of Judicature at Bombay Dismisses Second Appeal in Civil Suit for Declaration and Injunction — Plaintiff Failed to Prove Ownership Based on Partition Deed. Court Holds That Failure of Defendant to File Written Statement Does Not Entitle Plaintiff to Automatic Decree Under Order 8 Rule 10 and Order 12 Rule 6 of Code of Civil Procedure, 1908; Plaintiff Must Prove Claim to the Satisfaction of Court.

10 Apr 2018

The matter arose from a Special Civil Suit filed by the appellant, the original plaintiff, seeking declaration, damages, and permanent injunction over...

High Court

Bombay High Court Dismisses Appeals in Property Dispute Involving Will and Gift Deed Validity. Court upholds trial court's finding that the gift deed was not vitiated by undue influence and that the will was validly executed.

30 Nov -0001

The case involves two appeals filed by Nina Agarwalla against Ashok Gupta and others. The dispute pertains to the validity of a gift deed and a will e...

High Court

High Court of Karnataka Dismisses Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Partition Suit — Petitioner Failed to Show Sufficient Cause for Non-Appearance. The court held that mere denial of service without evidence is insufficient to set aside an ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908.

22 Mar 2024

The petitioners, legal representatives of the original defendant Kadappa, filed a writ petition under Article 227 of the Constitution of India challen...

High Court

Bombay High Court Dismisses Notice of Motion for Injunction in Property Dispute — Plaintiffs Fail to Establish Prima Facie Case for Interim Relief. Court holds that mere pendency of suit does not entitle plaintiffs to injunction without showing strong prima facie case, balance of convenience, and irreparable loss.

5 Jun 2023

The present Notice of Motion was filed in 2015 in Suit No. 693 of 2015 by the plaintiffs, Sudha Aziz Jhaveri and others, seeking an interim injunction...

High Court

Bombay High Court Dismisses Originating Summons for Partition of HUF Property — Plaintiffs Fail to Establish Exclusive Ownership of Mazgaon Property. Court holds that property sold in 2007 was HUF property and proceeds were distributed among all coparceners, including daughters, under Hindu Succession Act, 1956.

27 Feb 2017

The case concerns an Originating Summons filed by Kishore Morarji Bhojraj and Ramesh Morarji Shah (Plaintiffs) against Jaya Hiranchand Karani, Anju Kr...

High Court

Bombay High Court Sets Aside Remand Order in Partition Suit — Directs Trial Court to Decide Issue No. 3 Afresh Without Adding New Property. The court held that the First Appellate Court exceeded its power under Order XLI Rule 23 CPC by directing inclusion of a property voluntarily relinquished by the plaintiff, and the proper remedy was remand under Order XLI Rule 25 CPC.

24 Oct 2024

The appellant, original defendant No. 2, challenged the judgment and decree dated 12.10.2022 passed by the learned District Judge-4, Jalna (First Appe...

High Court

Bombay High Court Allows Second Appeal in Possession Suit — Sale Deed Prevails Over Tenancy Claim. Court holds that the defendant's registered sale deed from 1960, executed by the plaintiff's brother under a power of attorney, establishes ownership and extinguishes any landlord-tenant relationship, reversing the lower appellate court's decree for possession.

30 Jul 2014

The case involves a second appeal filed by the defendants (appellants) against the judgment and decree dated 28.11.2003 passed by the 3rd Ad hoc Addit...

High Court

Madras High Court Considers Appeal in Partition Suit Over Alleged Benami Property and Gift Deeds. Trial Court Had Dismissed Plaintiff's Suit for Partition of Properties Claimed as Self-Acquired by Father, Relying on Benami Prohibition Act and Validity of Deeds.

10 Apr 2026

The appeal arose from a partition suit where the plaintiff, daughter of deceased Syed Hussain, claimed a share in three properties, alleging they were...

High Court

Madras High Court Allows Partition Appeal in Property Dispute Between Brothers — Settlement Deed in Favour of Mother Does Not Extinguish Son's Share. Court holds that a settlement deed executed by father in favour of mother does not divest the son of his right to seek partition of the property inherited from his father.

20 Apr 2026

The appeal arises from a judgment and decree dated 06.02.2023 passed by the VI Additional Judge, City Civil Court, Chennai, in OS.No.3093/2020, decree...

High Court

High Court of Karnataka Dismisses Appeal for Non-Prosecution in Partition Suit — Appellant Absent Despite Adjournments. Failure to Appear Leads to Dismissal Under Order XLI Rule 17 CPC.

25 Jan 2019

The appellant, Domegunta Venkatasesha Reddy, filed a Regular First Appeal under the Partition Act before the High Court of Karnataka at Bengaluru agai...

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