Search Results for "Partition deed"

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High Court of Karnataka Allows Regular First Appeals in Property Suit — Decree of Trial Court Set Aside for Non-Joinder of Necessary Parties. Suit for Partition and Separate Possession Held Not Maintainable Without Impleading All Co-Sharers Under Order 1 Rule 9 of CPC, 1908.

The judgment pertains to two Regular First Appeals filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated ...

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Bombay High Court Dismisses Appeal Against Temporary Injunction in Property Suit — Appellants Restrained from Obstructing Common Possession and Enjoyment of Suit Property. Sale Deed Executed During Pendency of Suit Held Not Binding on Plaintiffs Under Doctrine of Lis Pendens.

The appellants, who were defendants in a suit filed by respondent nos.1 to 5, challenged an order dated 11th July 2003 passed by the trial court allow...

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Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

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Supreme Court Dismisses Suit Seeking Declaration of Trust Over Wrestling Ground; Dedication for Promotion of Wrestling Not a Valid Charitable Trust Under Hindu Law. Dominant Purpose of Trust Was to Encourage Wrestling, Not a Religious or Charitable Purpose Recognized Under Hindu Law.

The dispute concerned a groveland in Kanpur with an Akhara (wrestling ground) and structures, which were dedicated by Mani Ram, a wrestler, for the pr...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Preliminary Decree. Court holds that a suit for partition is not barred by limitation when the plaintiff is in joint possession and that a co-owner can alienate only his share, not the entire property.

The case involves a partition suit filed by the appellants (plaintiffs) seeking partition and separate possession of their share in the joint family p...

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Madras High Court Hears Appeal Against Specific Performance Decree in Suit Involving Agreement of Sale. Trial Court's Grant of Relief Challenged on Grounds of Unregistered Agreement and Alleged Lack of Possession by Plaintiff.

The appeal arose from a decree for specific performance granted by the trial court in O.S.No.473/2006. The plaintiff, V.Gurusamy, filed the suit claim...