Search Results for "Partition deed"

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Search Results for "Partition deed"

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High Court

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.

25 Jan 2019

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

High Court

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.

17 Feb 2026

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

High Court

Bombay High Court Allows Registration of Family Settlement Deed Beyond Limitation Period — Time Spent in Stamp Adjudication and Family Court Custody Excluded Under Section 23 of Registration Act, 1908. Conjoint reading of Section 23 of Registration Act and Section 34 of Bombay Stamp Act mandates exclusion of time taken by stamp authorities for adjudication of stamp duty.

3 Oct 2024

The petitioner, Ms. Purnima Bhanuprasad Gohil, and her husband executed a 'Family Partition of Assets Settlement Deed' on 20 December 2011 to settle t...

High Court

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.

19 Jan 2023

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

High Court

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.

21 Dec 2023

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...

High Court

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.

20 Oct 2016

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...

High Court

Madras High Court Allows Second Appeal in Partition Suit — Settlement Deed by Mother Without Legal Necessity Not Binding on Joint Family Property. Property Purchased by Father in Mother's Name Presumed to be Joint Family Property Under Hindu Law.

27 Apr 2026

The plaintiffs, legal heirs of M.Annaiah, filed a suit for partition of three items of property and for declaration that a Settlement Deed dated 28.04...

Supreme Court

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.

14 Feb 2020

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

High Court

Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Tenancy and Adverse Possession Upheld. The court held that the appellant failed to prove exclusive title and that the respondent had perfected title by adverse possession, and the suit was not barred by limitation.

2 Dec 2021

The present second appeal arises from a suit for possession and mesne profits filed by the original plaintiff (respondent) against the original defend...

High Court

Bombay High Court Allows Appeal Against Dismissal of Temporary Injunction in Specific Performance Suit — Prima Facie Case and Balance of Convenience Found in Favour of Plaintiff-Builder Under Memorandum of Understanding. The court held that the Memorandum of Understanding dated 21.5.2011 constituted a binding agreement for sale and the plaintiff had made out a prima facie case for grant of injunction under Order 39 Rules 1 and 2 CPC.

5 May 2017

The appellant, M/s. Merces Builders Private Limited, filed an appeal against an order dated 16.4.2016 passed by the learned Senior Civil Judge, Panaji...

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