Search Results for "Partition deed"

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Amendment Application in Partition Suit. Amendment Sought After Commencement of Trial Not Allowed Under Order VI Rule 17 CPC Due to Lack of Due Diligence.

The petitioners, Hemlata Harish Bhatia and Bharat Vallabhdas Bhatia, filed a suit for partition in 2004 against the respondents, Vallabhdas Lalchand D...

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Supreme Court Allows Appeal in Possession Suit, Restores Concurrent Findings of Trial and First Appellate Court. High Court's Reversal Set Aside for Reappreciating Evidence Beyond Second Appeal Scope Under Section 100 CPC.

The case involves a dispute over possession of agricultural land. The plaintiff, Rajendra Kumar Gupta, filed a suit for recovery of possession based o...

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Bombay High Court Dismisses Revision Against Execution Proceedings in Partition Suit — Decree Holder's Right to Execute Decree Not Barred by Limitation or Res Judicata. Execution Application Filed Within 12 Years Under Article 136 of Limitation Act, 1963 is Maintainable.

The petitioners, who were judgment-debtors in a partition suit, filed a Civil Revision Application challenging the order dated 16th April 2004 passed ...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Concurrent Findings on Partition and Adverse Possession. The court held that the appellant failed to prove exclusive title and that the suit was barred by limitation and res judicata.

The case involves a property dispute over Gut No. 152, Old Survey No. 76, admeasuring 5H 36R (13 acres) at Village Pimpri, Taluka Khurd, District Aura...

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Supreme Court Quashes Orders of Surplus Land Determination Under Pepsu Tenancy and Agricultural Lands Act, 1955. Partition Deed Dated September 6, 1956, Not Affected by Section 32-KK as Amendment Came into Force on October 30, 1956, Not Retroactively.

The case concerned a dispute over the determination of surplus agricultural land under the Pepsu Tenancy and Agricultural Lands Act, 1955. The appella...

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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Reasons Renders Judgment Invalid.

The case involves a second appeal filed by the defendants against the judgment and decree of the 9th District Judge, Nagpur, in Regular Civil Appeal N...

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Unregistered Relinquishment Deed Invalid: Daughter’s Coparcenary Rights Upheld | Karnataka HC (RFA No.100096/2019, 2026)

The plaintiff filed a suit for partition and separate possession of her 1/5th share in ‘A’ and ‘B’ schedule properties, along ...

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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholding Concurrent Findings of Joint Family Property. Court holds that a coparcener cannot bequeath or gift ancestral property by will or gift deed, and that the burden of proving partition lies on the party asserting it.

The case involves a second appeal filed by the defendants (appellants) against a decree for partition passed by the trial court and confirmed by the f...

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Bombay High Court Dismisses Appeal for Declaration of Ownership by Adverse Possession Against Government Land. Claim of Long Possession Fails as Plaintiffs Failed to Prove Possession for Over 12 Years and Property Was Government Land.

The appellants, plaintiffs in the original suit, filed First Appeal No. 282 of 2007 before the Bombay High Court at Goa against the judgment dated 25-...