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High Court of Karnataka Dismisses Partition Appeal for Lack of Evidence of Joint Family Property. Court holds that plaintiffs failed to prove that suit properties were ancestral joint family properties, and the suit was barred by limitation and res judicata.

The appeal arises from a judgment and decree dated 30.01.2018 passed by the Senior Civil Judge, Kolar, in O.S. No. 42/2012, dismissing the suit for pa...

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Bombay High Court Dismisses Writ Petitions Challenging Arbitral Award in Share Dispute — No Grounds for Interference Under Section 34 of Arbitration Act. Court upholds award rejecting claim for specific performance of oral agreement to transfer shares, finding no valid contract and no limitation bar.

The petitioner, Vijay Shivram Pathare, filed two writ petitions under Article 226 of the Constitution of India challenging an arbitral award dated 30 ...

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High Court of Karnataka Dismisses Revision Petition in Suit for Permanent Injunction — Upholds Trial Court's Refusal to Reopen Evidence After Plaintiff's Side Closed. Court Held That Order 18 Rule 17 CPC Cannot Be Used to Fill Gaps in Evidence or to Remedy Negligence of Party.

The petitioner, Sri P. Ramaprasad, was the plaintiff in O.S. No. 231/2019 pending before the XIX Additional City Civil and Sessions Judge, Bangalore C...

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High Court of Karnataka Allows Second Appeal in Partition Suit — Reopening of Partition Permitted Due to Non-Inclusion of Joint Family Property. The Court held that a prior partition decree not binding on the plaintiff as she was not a party and the property was joint family property.

The appellant, Monakka Shinde, filed a suit (O.S. 370/2004) for reopening of partition, declaration, and injunction against her sons, Maruti Shinde an...

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Karnataka High Court Quashes Order Allowing Amendment in Final Decree Proceedings to Include Property Not Part of Original Suit — Amendment Under Order VI Rule 17 CPC Not Permissible After Decree Has Attained Finality.

The petitioner, the 2nd defendant in a partition suit, challenged the trial court's order allowing an application under Order VI Rule 17 of the Code o...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Invalidity of Sale by Co-owner Without Proof of Partition. Co-owner's Sale of Undivided Share Without Consent of Other Co-owners Held Invalid as No Prior Partition Was Established.

The case involves a second appeal by original defendants nos.1-3 against a decree for declaration and injunction passed by the lower appellate court. ...