Search Results for "Hindu Succession Act, 1956"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
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Search Results for "Hindu Succession Act, 1956"

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High Court

Madras High Court Allows Civil Revision Petitions in Suit for Partition and Injunction — Trial Court Erred in Dismissing Applications for Appointment of Advocate Commissioner and Interim Injunction Without Proper Application of Mind. The court held that an Advocate Commissioner is necessary to identify the suit property and that the plaintiffs had made out a prima facie case for injunction under Order 39 Rules 1 and 2 CPC.

24 Feb 2026

The case involves three civil revision petitions filed by the plaintiffs, Vadivel and Chidambaram, against the order dated November 10, 2022 passed by...

High Court

Madras High Court Dismisses Second Appeal in Property Recovery Suit — Plaintiff Fails to Prove Title and Possession. The Court held that the plaintiff, who purchased property from co-owners, cannot recover possession without establishing his title and the defendants' possession as trespassers, and the concurrent findings of fact by lower courts cannot be interfered with under Section 100 CPC.

7 Jan 2025

The appellant/plaintiff filed a suit for recovery of possession and damages against the respondents/defendants 2 and 3 in respect of a property that w...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession. Court holds that a co-owner in possession of joint family property cannot claim adverse possession against other co-owners without ouster or denial of title.

14 Aug 2024

The appellants, who are the sons and daughter of late M.C.Someshwar, filed a Regular First Appeal against the judgment and decree dated 30.11.2016 pas...

High Court

Bombay High Court Partially Dismisses Petition Challenging Rejection of Amendment in Partition Suit — Amendment Sought After Commencement of Trial Disallowed as It Would Change Nature of Suit Under Order VI Rule 17 CPC

17 Dec 2021

The petitioner, Raju Danchand Bardia, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 13th October 202...

High Court

Bombay High Court Allows Second Appeal in Partition Suit — Daughter's Claim to Mother's Share Not Barred by Limitation or Res Judicata. Daughter Sakhubai's suit for partition of her mother Radhabai's share in ancestral property held maintainable despite earlier partition suit between other family members to which she was not a party.

18 Mar 2021

The case pertains to a partition suit filed by Sakhubai Jagu Bodare (since deceased, represented by her legal representatives) against the appellants ...

Supreme Court

Supreme Court Dismisses Appeal in Family Partition Dispute Over Roof Rights and Valuation of Property. Court Holds That Reopening Final Decree Would Undo Settled Rights and Encourage Further Litigation.

19 Sep 2018

The present appeal arises from a family partition dispute concerning the properties left by Late Rameshwar Nath Soral, who died on 28.01.1996, survive...

High Court

Bombay High Court Allows Appeal in Partition Suit — Co-owner Cannot Claim Adverse Possession Without Ouster. Preliminary Decree Set Aside for Failure to Determine Shares Under Hindu Succession Act.

27 Oct 2016

The present appeal arises from a partition suit filed by the respondent (original plaintiff) against the appellant (original defendant) concerning anc...

High Court

High Court of Karnataka Dismisses Appeal Against Preliminary Decree in Partition Suit — Appellant Fails to Appear or Argue. Court upholds trial court's finding that plaintiff and defendant Nos.2-4 are entitled to 1/4th share each in joint family properties under Hindu Succession Act, 1956.

9 Mar 2016

The appellant, a defendant in a partition suit, filed a Regular First Appeal under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure...

High Court

Bombay High Court Allows Partition Suit Despite Non-Joinder of Daughters as Necessary Parties Under Hindu Succession Act, 1956. Daughters not claiming share are not necessary parties in partition suit among male heirs.

6 Feb 2012

The case involves a second appeal arising from a partition suit. The plaintiff, claiming to be the son of Ishwara, sought partition and separate posse...

High Court

Bombay High Court Allows Writ Petition Challenging Review of Interim Maintenance Order in Partition Suit — Review Without Change in Circumstances Not Permissible Under Section 151 CPC. The court restored the maintenance order of Rs.500 per month granted to the plaintiff-petitioner pending suit.

19 Jul 2006

The petitioner, Smt. Janabai Ramchandra Barge, filed a writ petition under Article 227 of the Constitution of India challenging an order passed by the...

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