Search Results for "Partition deed"

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Search Results for "Partition deed"

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High Court

Bombay High Court Allows Second Appeal in Property Dispute — Sets Aside Appellate Decree for Erroneous Appreciation of Evidence on Legal Necessity and Secondary Evidence. The Court held that the Appellate Court failed to properly consider the burden of proof regarding legal necessity for alienation by a limited owner and the admissibility of secondary evidence under the Indian Evidence Act, 1872.

12 Jan 2005

This Second Appeal arises from a suit for declaration and possession filed by the original plaintiffs (respondents 1 to 4) against the defendants (app...

Supreme Court

Supreme Court Dismisses Appeal in Co-owner Property Dispute, Holds Sale of Undivided Joint Property Without Partition Invalid as to Other Co-owners' Shares. Brij Mohan's Transfer of Entire Property to Appellant Void Except to Extent of His Own Share Under Section 44 of Transfer of Property Act, 1882.

10 Sep 2024

The dispute concerns a property measuring about 6 cottahs 1 chittack and 30 sq. ft. with 17 rooms at 100/3 Carry Road, Howrah. The property was purcha...

Supreme Court

Supreme Court Allows Appeal in Partition Suit — High Court Erred in Interfering with First Appellate Court's Findings on Adverse Possession. The Court restored the First Appellate Court's judgment that dismissed the suit for partition based on findings of adverse possession and limitation under Articles 65 and 64 of the Limitation Act, 1963.

1 Jan 2026

The present appeal arises from a suit for partition and separate possession filed by Veerabasamma and Malakajamma (predecessors of some respondents) a...

Supreme Court

Supreme Court Allows Appeal of Married Daughter in Inventory Proceedings for Lease Premises Under Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. The court held that the Inventory Proceeding Act governs succession rights, not the Goa Rent Act, and married daughters have equal inheritance rights.

13 Mar 2019

The case involves a dispute over the inclusion of lease premises in inventory proceedings for the estate of Late Sadanand V. Marathe and Late Nirmalab...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Family Property Dispute. Court Upholds Arbitrator's Findings of Fact Under Section 34 of Arbitration and Conciliation Act, 1996, Holding That Interference Is Not Warranted Unless Award Is Perverse or Contrary to Public Policy.

8 Mar 2022

The present writ petition under Article 227 of the Constitution of India was filed by the petitioners, who are legal representatives of the original p...

High Court

High Court of Karnataka Dismisses Writ Petition in Partition Suit — Impleading Application Under Order I Rule 10(2) CPC Rightly Rejected as Applicant Claiming Under Agreement of Sale Not a Necessary Party. Agreement of Sale Does Not Confer Title or Interest in Property, and Applicant's Rights Can Be Protected by Filing a Separate Suit.

4 Apr 2014

The petitioner, Sri K V Jayaprakash, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 4.2.2012...

High Court

High Court of Karnataka Quashes Appointment of Commissioner in Final Decree Proceedings for Lack of Notice to Defendants. Order 26 Rule 9 CPC requires notice to all parties before appointing a commissioner for partition, and failure to do so vitiates the order.

14 Feb 2013

The petitioners, who were defendants in a final decree proceeding (FDP No. 2/08) before the Principal Civil Judge, Bijapur, challenged an interim orde...

High Court

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.

11 Jan 2019

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

High Court

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.

18 Dec 2025

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

High Court

Bombay High Court Dismisses Second Appeals in Family Property Dispute — Partition Deed Not Proved as Genuine. Sons fail to establish title based on unregistered partition deed of 1976; concurrent findings of fact not interfered with under Section 100 CPC.

19 Aug 2016

The case involves two second appeals arising from a family property dispute between a father, Vyankatrao Kawane, and his three sons: Wamanrao, Atmaram...

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