Search Results for "pending partition suit"

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Search Results for "pending partition suit"

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High Court

High Court of Karnataka Dismisses Regular Second Appeals in Decree and Partition Suits — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for declaration and injunction dismissed as plaintiffs failed to prove title and possession; cross-suit for partition decreed based on prior compromise decree.

13 May 2025

The case involves two connected regular second appeals arising from a common judgment of the Senior Civil Judge, Doddaballapur, in R.A.No.5/2009 and R...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Sets Aside Concurrent Findings for Lack of Proof of Partition and Encroachment. Vendor Cannot Transfer Better Title Than He Has Under Nemo Dat Quod Non Habet Principle; Oral Admissions Insufficient to Prove Partition Under Section 58 of Indian Evidence Act, 1872.

9 Aug 2024

The dispute pertains to a suit property bearing No.407, Nazul Block No.9, admeasuring 1251 sq.ft. out of half share, situated in Gandhi Ward No.2, Hin...

High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With. Suit for Partition and Separate Possession Dismissed as Plaintiff Failed to Prove Joint Family Property and Possession Within Limitation.

14 Jun 2024

The appellant, Sri N. Umesha, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the concurrent judgments of t...

Supreme Court

Supreme Court Partly Allows Appeal in Partition Suit — Upholds High Court's Decree for 5/9th Share but Sets Aside Sale to Third Party. Defendant No. 7's Sale of Joint Family Property to Defendant No. 9 Held Void as Purchaser Had Notice of Pending Suit.

2 Mar 2024

The case pertains to a partition suit filed by Kumar Vamanrao alias Alok, Kumar Vyas alias Prateek, and Aruna (plaintiffs) against Sudheendra (defenda...

Supreme Court

Supreme Court Dismisses Appeal of Female Heir in Hindu Succession Dispute — Prior Partition and Sale by Coparcener Barred Claim. Daughter of Predeceased Son Had No Vested Right During Lifetime of Absolute Owner; Rule of Survivorship Inapplicable After Partition.

22 Nov 2019

The appellant, Radha Bai, filed a suit for partition and possession of ancestral land in Village Barra, claiming to be the daughter of Saheblal, a pre...

High Court

Bombay High Court Allows Second Appeal in Muslim Co-heirs Partition Dispute, Remands for Fresh Consideration on Regranted Property and Res Judicata Issues. The court held that a suit for partition of shares of Muslim co-heirs is maintainable and regranted property can be partitioned, but remanded for fresh findings on res judicata and the nature of regranted property.

6 Oct 2018

The case involves a second appeal arising from a partition suit filed by Gafur Bapu Patel (original plaintiff) against his co-heirs, seeking separatio...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Holds That Bar Under Section 47 CPC Does Not Apply to Persons Not Bound by Previous Decree. The Court ruled that the lower appellate court erred in applying the bar of Section 47 read with Order XXI Rule 101 CPC to a suit filed by persons who were not parties to the earlier decree.

11 Mar 2016

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellant (original defendant) against the judg...

High Court

High Court of Karnataka Dismisses Appeals in Partition Suit, Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was maintainable and that the plaintiffs had established their share in the joint family property.

30 Sep 2015

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

High Court

Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

11 Feb 2011

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Restores Trial Court's Dismissal. Plaintiffs Failed to Prove Suit Lands Were Joint Family Property Under Hindu Law.

14 Oct 2005

The case involves a partition suit filed by the descendants of Nama and Maruti against the legal heirs of Tukaram, claiming that 24 agricultural lands...

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