Search Results for "partial partition"

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Search Results for "partial partition"

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High Court

Madras High Court Partially Allows Partition Appeal, Upholds 1/2 Share for Plaintiff but Modifies Decree to Include Right of Residence for Defendant. Court holds that a co-owner in possession cannot be ousted without partition by metes and bounds, and that the trial court erred in granting a preliminary decree without considering the defendant's right of residence under Section 44 of the Transfer of Property Act, 1882.

9 Jun 2026

The appeal arises from a judgment and decree dated 28.02.2018 passed by the Fast Track Mahila Court, Dindigul, in O.S.No.65 of 2009, a suit for partit...

High Court

Bombay High Court Allows Appeal in Partition Suit — Dispute Over Agricultural Land Between Brothers. Court Holds That a Suit for Partition Is Not Barred by Limitation When the Plaintiff Is in Joint Possession and the Property Is Ancestral.

28 Jan 2026

The appellant, Shivaji Gopal Kurhade, filed a suit for partition and separate possession of ancestral agricultural land against his brothers and their...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Restores Trial Court's Dismissal. Failure of Lower Appellate Court to Frame Points for Determination Under Order 41 Rule 31 CPC Renders Reversal Judgment Unsustainable.

21 Mar 2022

The present second appeal arises from a partition suit filed by the original plaintiffs (respondents no.1 to 8) against the original defendants (appel...

High Court

Karnataka High Court Allows Appeal of Daughters in Partition Suit — Upholds Equal Share in Ancestral Property. Daughters Held Entitled to Coparcenary Rights Under Section 6 of Hindu Succession Act, 1956, Despite Non-Joinder of Some Parties.

10 Oct 2019

The case pertains to a partition suit filed by the daughters of B.R. Krishnamurthy Rao seeking a share in the joint family property. The plaintiffs, S...

High Court

Karnataka High Court Partially Allows Appeal in Partition Suit Involving Joint Family Property — Daughters Granted Equal Share as Sons Under Hindu Succession Act, 1956. The court held that the 2005 amendment to Section 6 of the Hindu Succession Act, 1956, granting daughters coparcenary rights, applies retrospectively to pending suits, and daughters are entitled to equal share in joint family property.

10 Oct 2019

The case involves a partition suit filed by the respondents (plaintiffs) against the appellants (defendants) seeking partition and separate possession...

High Court

Karnataka High Court Partially Allows Appeal in Partition Suit Involving Joint Family Property — Daughters Granted Equal Share as Sons Under Hindu Succession Act, 1956. The court held that daughters are entitled to equal share in coparcenary property and that the Will executed by the father was not validly proved.

10 Oct 2019

The case involves a partition suit filed by the respondents (sons) against the appellants (daughters and others) seeking partition and separate posses...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Affirms Joint Family Business Finding. Non-inclusion of all joint family properties does not bar partition when plaintiff seeks only specific property.

21 Jul 2015

The case involves a partition suit filed by Vitthalrao Marotirao Navkhare (original plaintiff) against his brother Laxmanrao's family (appellants) and...

High Court

Bombay High Court Dismisses Writ Petition of Purchasers Challenging Eviction Order in Tenancy Dispute — Purchasers Lack Locus Standi to Challenge Order Passed Against Tenant Before Their Purchase. The court held that the petitioners, who purchased the suit land after the eviction order under Section 14 read with Section 25(2) of the Bombay Tenancy and Agricultural Lands Act, 1948, cannot challenge that order as they were not parties to the proceedings.

19 Jan 2005

The judgment arises from a writ petition under Article 227 of the Constitution of India filed by three petitioners, who are purchasers of agricultural...

High Court

Bombay High Court Allows Appeal in Succession Act Case — Will Proved in Manner Required by Law. Court holds that a will executed by a Muslim testator is governed by the Indian Succession Act, 1925, and must be proved in accordance with Section 63(c) and Section 68 of the Evidence Act, 1872.

30 Nov -0001

The case involves a first appeal against the judgment and decree of the Civil Judge, Senior Division, Aurangabad, in Special Civil Suit No. 5 of 2000,...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

30 Nov -0001

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court which con...

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