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Search Results for "partition demand"

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High Court

Karnataka High Court Dismisses Revision Petition by Defendant No. 25 Against Trial Court's Order Refusing Rejection of Plaint in Partition Suit Due to Limitation and Validity of Sale Deed. Court Holds That Plaint Cannot Be Rejected Under Order 7 Rule 11 CPC as Issues of Limitation and Validity of Sale Deed Are Mixed Questions of Law and Fact Requiring Trial.

25 Oct 2024

The Civil Revision Petition No. 88 of 2024 was filed by M/s Jade Garden Plot Owner's Association, who was Defendant No.25 in the original suit O.S. No...

High Court

Bombay High Court Quashes Trial Court Order Impounding Unregistered Partition Deed — Registration Not Mandatory for Partition of Joint Hindu Family Property Under Article 46 of Maharashtra Stamp Act, 1958. The court held that the trial court erred in mixing issues of registration and stamping, and that the partition deed was not a release deed.

25 Oct 2024

The petitioner, Balaso Bhimgonda Patil, challenged an order of the trial court in Regular Civil Suit No.105 of 2014 pending before the Civil Judge Sen...

High Court

Karnataka High Court Hears Regular First Appeal Against Decree in Partition Suit — Issues Included Joint Family Property Status and Validity of Alienation. The appeal was filed under Section 96 of the Code of Civil Procedure, 1908, challenging the trial court's partial decree for partition and possession.

26 Jul 2024

The appeal arose from a suit for partition and separate possession of agricultural and house properties situated in Mahadevakodigehalli village, Benga...

High Court

High Court of Karnataka Allows Appeal in Partition Suit — Order II Rule 2 CPC Bar Not Applicable to Defendants. Held that defendants in a partition suit are not required to claim their share and the bar under Order II Rule 2 CPC does not apply to them, setting aside rejection of plaint.

30 Jun 2023

The case involves a Regular Second Appeal filed by Revanamma against the judgment and decree of the Senior Civil Judge at Chittapur in O.S. No. 36 of ...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Plaintiff Failed to Prove Marriage and Consequential Rights Over Suit Property; Courts Below Correctly Appreciated Evidence.

14 Mar 2023

The appellant, Basangouda, filed a suit for declaration and injunction in O.S. No. 20/2006 before the Additional Civil Judge (Sr. Dn.), Raichur, claim...

High Court

High Court of Karnataka Sets Aside Trial Court Order in Final Decree Proceedings for Lack of Jurisdiction — Order on I.A.Nos.15, 16 and 17 in FDP No.2/2008 Quashed for Exceeding Scope of Preliminary Decree and Violating Principles of Natural Justice.

19 Jul 2022

The present writ petition was filed by the petitioners (defendants in the original suit) challenging the order dated 10.06.2022 passed by the learned ...

Supreme Court

Supreme Court Allows Partition Appeal and Remands for Fresh Consideration of Cross-objection. High Court's dismissal of cross-objection without merits set aside; matter remanded for adjudication of partition claims.

15 Jan 2020

The case involves a partition suit filed by the respondents (original plaintiffs) in O.S. No.73 of 2004 before the Additional Civil Judge, Hubli, seek...

High Court

Karnataka High Court Partially Allows Appeal in Partition Suit Involving Joint Family Property — Daughters Granted Equal Share as Sons Under Hindu Succession Act, 1956. The court held that daughters are entitled to equal share in coparcenary property and that the Will executed by the father was not validly proved.

10 Oct 2019

The case involves a partition suit filed by the respondents (sons) against the appellants (daughters and others) seeking partition and separate posses...

High Court

Karnataka High Court Allows Daughters' Partition Appeal Against Father in Hindu Joint Family Property Dispute. Daughters Held Entitled to Share as Coparceners Under Section 6 of Hindu Succession Act, 1956 as Amended by Act 39 of 2005.

11 Dec 2013

The appellants, R. Sandhya and R. Swetha, daughters of S.R. Raju, filed a suit for partition and separate possession of their 1/3 share each in the sc...

High Court

Bombay High Court at Goa Dismisses Writ Petition Challenging Administrative Tribunal's Order — Petitioner Lacks Locus Standi as Non-Party. The court held that a person not a party to proceedings before an administrative tribunal cannot challenge its order without showing direct and substantial affectation of rights.

15 Sep 2010

The petitioner, Shri Ranjit Satardekar, filed a writ petition under Article 226 of the Constitution of India before the High Court of Bombay at Goa, c...

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