Search Results for "registered partition deed"

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Bombay High Court Allows Redemption in Mortgage by Conditional Sale Dispute. Deed Dated 21-4-1953 Held to be Mortgage by Conditional Sale Under Section 58(c) of Transfer of Property Act, 1882, Not Sale with Condition of Repurchase.

The case involves a second appeal arising from a suit for redemption of mortgaged land. The plaintiffs (respondents) claimed that their late father, T...

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High Court of Judicature at Bombay Bench at Aurangabad Considers Civil Application Seeking Recall of Compromise Decree in Second Appeal No. 356 of 2001. Applicant Claims Prior Purchase of Suit Land and Alleges Fraud, Suppression, and Violation of Interim Orders.

The applicant filed a civil application seeking recall of an order dated 23.12.2011 by which Second Appeal No.356 of 2001 was disposed of in terms of ...

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Bombay High Court Considers Writ Petitions Challenging Family Court’s Refusal to Appoint Commissioner for Partition of Matrimonial Property and Denial of Injunction Against Husband’s Entry. Issues Involve Interpretation of Joint Ownership and Rights Under Hindu Marriage Act, 1955.

The dispute arose from a marital discord between Sumit Vijay Kumar (husband) and Shraddha Gupta (wife), both working professionals married in 2011. Th...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Injunction in Parking Space Dispute. Court upholds concurrent findings that petitioner failed to establish exclusive right over stilt parking space as it was not part of the sale deed.

The petitioner, Udai Raj Singh Chauhan, filed a writ petition under Article 227 of the Constitution of India before the Bombay High Court at Goa, chal...

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Bombay High Court Partly Allows Appeal in Specific Performance Suit, Orders Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness, but defendants cannot forfeit earnest money without proof of loss.

The original plaintiff filed a suit for specific performance of an agreement to sell dated 20.02.2008 in respect of a suit property admeasuring 70,000...

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Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings Affirmed. Daughter's claim for 1/5th share in ancestral property fails as property was sold by father during his lifetime and plaintiff had already received consideration in a prior family partition.

The appellant, Venkatalakshmiamma, filed a suit for partition of 1/5th share in the suit property, claiming it was ancestral property of her father Ra...

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High Court of Karnataka Upholds Detention Order for Violation of Interim Injunction in Partition Suit. Order 39 Rule 2A CPC Detention for One Month Confirmed as Appellant Executed Sale Deed Despite Restraint Order.

The appellant, Sri Ananda Reddy, was the second defendant in a partition suit (O.S.No.7674/2001) filed by the respondents, Smt. Radhamma and Smt. Nali...

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High Court of Karnataka Upholds Detention Order for Violation of Interim Injunction in Partition Suit — Willful Disobedience of Court Order Attracts Civil Prison Under Order 39 Rule 2A CPC.

The case arises from a partition suit filed by the respondents (plaintiffs) seeking 2/9th share in suit schedule properties. The Trial Court passed an...