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Bombay High Court Allows Second Appeal in Partition Suit — Sale by Brother for Legal Necessity Upheld. Daughters' Claim for Partition Dismissed as Sale Deed Dated 28.3.1968 Was Supported by Legal Necessity and Prior Conditional Sale.

The case involves a partition suit filed by two daughters (plaintiffs) against their brother Tukaram and the appellant (defendant no.1), who purchased...

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Bombay High Court Dismisses Writ Petitions by Market Committee and Licensee in Suit for Possession and Mesne Profits — Licensee Estopped from Denying Licensor's Title Under Section 116 Evidence Act, 1872; Market Committee Not Necessary Party in Co-owner Dispute.

The case involves a dispute over possession of a shop in a market yard. The plaintiffs, Mohammad Hanif Abdul Wahid Shaikh and Mohammad Asif Mohammad H...

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Bombay High Court Upholds Conviction of Accused in Grievous Hurt Case Under Sections 148, 323, 326 IPC — Minor Contradictions in Witness Testimony Do Not Discredit Prosecution Case When Medical Evidence Corroborates Ocular Evidence.

The judgment arises from two criminal revision applications. The applicants in Criminal Revision Application No. 75 of 2002 (original accused) were co...

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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 Considers Application for Appointment of Receiver in Partition Suit. Notice of Motion Seeks Interim Relief for Joint Family Properties Allegedly Misappropriated by Co-Owners.

The plaintiff filed a suit for declaration that he is entitled to a 1/10th share in the assets and properties of the joint family and for partition by...

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Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings Upheld. Sale Deed Cancelled to Extent of Plaintiff's 1/4th Share as Purchaser Not a Bonafide Transferee Without Notice.

The present second appeal was filed by the original defendant No.4, Vikrant s/o Vilasrao Patil (since deceased, through legal heirs), challenging the ...

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Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court's Dismissal of Suit for Possession. Partition Deed of 1951 Held Not Proved, and Plaintiffs Failed to Establish Title and Possession Over Suit House.

The case involves a property dispute between two branches of the Lohi family. The plaintiffs, sons and daughter of late Sheshrao Lohi, filed a suit fo...