Search Results for "partial partition"

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Search Results for "partial partition"

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High Court

High Court of Karnataka Dismisses Appeal in Property Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession of Suit Schedule Properties Including Business Establishment. The Court held that the plaintiff proved the existence of joint family properties and the defendant failed to establish that the business was his separate property.

28 Apr 2026

The appellant, Vardhaman Lengade, was defendant No.2 in a partition suit filed by respondent No.1, Sital Lengade, and others. The suit sought partitio...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that second appeal under Section 100 CPC cannot be entertained on questions of fact when lower courts have concurrently found that the suit property is not joint family property and that the plaintiffs failed to prove title.

6 Jul 2023

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, was filed by the appellants (original plaintiffs) against th...

High Court

High Court of Karnataka Quashes Appointment of Taluka Surveyor as Court Commissioner in Partition Suit — Violation of Order XX Rule 18 CPC. Court Commissioner Must Be an Advocate or Disinterested Person, Not a Government Official, to Ensure Impartiality and Avoid Conflict of Interest.

27 Nov 2015

The petitioner, Lagama Beerasidda Pujeri, challenged an order dated 6.2.2015 passed by the Principal Civil Judge & JMFC, Raibag, in FDP No.3/2012, whe...

High Court

Bombay High Court Dismisses Landlords' Petition for Eviction on Ground of Reasonable and Bona Fide Requirement — Concurrent Findings of Fact Not Interfered With. Landlord's Own Witness Admitted No Need for Possession, Defeating Claim Under Rent Control Law.

21 Aug 2015

The petitioners, landlords of commercial premises in Kolhapur, filed a suit for eviction against the tenant on grounds of non-user, erection of perman...

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 Dismisses Second Appeal in Partition Suit, Holds Partial Abatement Only. Death of some appellants during pendency of appeal does not abate entire appeal; decree not a nullity under Order 22 CPC.

17 Oct 2011

The case involves a second appeal arising from a suit for partition and separate possession. The original suit was filed by the plaintiffs (now respon...

High Court

Bombay High Court Allows Landlords' Eviction Petition in Rent Control Case — Bonafide Need Established, Comparative Hardship Cannot Deny Decree. Section 16(1)(g) of Maharashtra Rent Control Act, 1999 requires eviction when bonafide need is proved and no other suitable premises available, even if tenant faces hardship.

10 Aug 2010

The case involves two cross writ petitions arising from a landlord-tenant dispute. The landlords (petitioners in WP 4926/2006) are the legal heirs of ...

High Court

Bombay High Court Allows Landlord's Possession Claim Under Bombay Tenancy Act — Child in Womb Not a 'Member of Family' for Land Ceiling Exemption. Landlord's Bona Fide Need for Personal Cultivation Established Under Section 25 of Bombay Tenancy and Agricultural Lands Act, 1948, Despite Tenant's Objection Based on Unborn Child.

30 Jul 2010

The petitioner, Hareshkumar Kanhayalal Gujarathi, through his General Power of Attorney holder Govind Dayal Gujarathi, filed a writ petition under Art...

High Court

Bombay High Court Allows Second Appeal Due to Procedural Error in Not Framing Points for Determination by Lower Appellate Court. Partition Decree Set Aside and Remanded for Fresh Disposal Under Order 41 Rule 31 CPC.

21 Dec 2005

The case arises from a partition suit (Regular Civil Suit No.4 of 1986) filed by the respondents (original plaintiffs) against the appellant (original...

High Court

Bombay High Court Allows Second Appeal in Suit for Possession and Mesne Profits — Decrees Suit for Possession of Agricultural Land Based on Prior Possession and Title. Held that the plaintiff's possession within 12 years prior to suit was sufficient to maintain ejectment against trespassers under Section 6 of the Specific Relief Act, 1963.

30 Nov -0001

The appellant/plaintiff, Thakurjee Deosthan, through its adopted son Saratchandra, filed a suit for possession and mesne profits against the responden...

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