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High Court of Karnataka Dismisses Second Appeals in Property Suit, Upholds Concurrent Findings of Courts Below. Suit for Declaration and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The case involves two regular second appeals filed by the appellants, Chanderakant and Suryakant, against the respondents, who are legal representativ...

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Bombay High Court Dismisses Appeal in Trust Dispute — Interpretation of Indenture of Trust dated 29th March 1949. Court holds that the Appellant/Plaintiff failed to establish any right, title or interest in the trust property under the Deed of Trust.

The dispute pertains to an Indenture of Trust executed on 31st March 1949 between Parvatibai Chowhan (Settler) and Rai Bahadur Kunwar Motisingh Lalsin...

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High Court of Karnataka Allows Appeal in Partition Suit — Res Judicata Not Applicable to Earlier Consent Decree Without Adjudication. Consent Decree Does Not Bar Subsequent Suit Under Section 11 CPC as There Is No Adjudication on Merits.

The appellant-plaintiff, Sangramappa, filed a suit for partition and separate possession of suit schedule A, B and C properties against his mother (fi...

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Gujarat High Court Allows Amendment Application in Partition Suit — Holds That Adding Property and Changing Valuation Does Not Alter Nature of Suit. Amendment Under Order VI Rule 17 CPC Must Be Liberally Granted to Determine Real Controversy Between Parties.

The present petitions under Articles 226 and 227 of the Constitution of India were filed by the original plaintiffs (petitioners) challenging the orde...

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Bombay High Court Dismisses Writ Petition Challenging Reversal of Temporary Injunction in Property Dispute Between Brothers. Compromise Decree for Partition Gives Defendant Right to Construct on His Share, Plaintiff Fails to Show Exclusive Possession.

The dispute arose between two brothers, Udayraj Babaso Patil (petitioner/defendant) and Pramod Babaso Patil (respondent/plaintiff), over a suit proper...

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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. The First Appellate Court's judgment reversed the Trial Court's decree without framing points for determination or discussing evidence, rendering it unsustainable.

The present Second Appeal was filed by the original defendants (appellants) against the judgment and decree dated 04/07/2005 passed by the learned 2nd...

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Bombay High Court (Aurangabad Bench) Hears Appeal Against Remand Order Allowing Third Party Challenge to Consent Decree. The Court Examines Whether Section 96(3) of the Code of Civil Procedure, 1908 Bars an Appeal by Strangers to a Consent Decree, and Whether Allegations of Fraud Vitiate the Decree.

The appellant, Vilas Trimbak Sanap, filed a partition suit (RCS No. 499/2014) against his father and brothers (respondent Nos. 4–6) claiming a 1/4th...

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Supreme Court Allows Appeal in Partition Suit — School Leaving Certificate Not Properly Proved Under Section 35 Evidence Act. Release Deed Executed by Major Plaintiff Valid Despite Absence of Fraud or Coercion.

The case involves a partition suit filed by C. Jayarama Reddy (plaintiff) against his three brothers (defendants 1-3) and subsequent purchasers (defen...