Search Results for "widow defendant"

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Search Results for "widow defendant"

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Supreme Court

Supreme Court Allows Appeal in Civil Suit, Restoring Trial Court's Order and Granting Interim Injunction. The Court held that the second suit was not barred under Order II Rule 2 of the Code of Civil Procedure, 1908, as the causes of action and properties involved were distinct from the first suit, and the plaint disclosed a cause of action arising after knowledge from the written statement.

16 Apr 2026

The dispute involved a family property conflict where the appellants, the wife and daughters of the deceased original owner, challenged a Power of Att...

High Court

High Court of Karnataka Dismisses Partition Suit for Coparcenary Property Based on Pre-1956 Female Succession. Widow's acquisition of property under Hindu Women's Right to Property Act, 1937 is not a coparcenary asset but her absolute estate under Section 14(1) of Hindu Succession Act, 1956.

25 Jul 2025

The appeal arises from a judgment and decree dated 28.08.2019 in O.S. No. 101/2015 passed by the Principal Senior Civil Judge and CJM, Bagalkot, partl...

High Court

Bombay High Court Dismisses Second Appeals in Property Partition Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court held that no substantial question of law arose as the trial court and first appellate court had concurrently found that the suit property was joint family property and that the plaintiff had proved his share.

30 Dec 2020

The case involves four second appeals arising from a partition suit filed by the original plaintiff, Satchidanand S. S. Kacodkar (since deceased, repr...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Interfered With. Suit for possession based on title and prior possession; appellate court refused to re-appreciate evidence in second appeal under Section 100 CPC.

13 Mar 2019

The present second appeal was filed by the original defendant No.1 challenging the judgment and decree passed in Regular Civil Appeal No.238 of 1987 b...

High Court

High Court of Karnataka Dismisses Appeals in Partition Suit — Confirms Trial Court's Decree for Partition and Separate Possession. Daughters Granted Equal Share in Joint Family Property Under Hindu Succession Act, 1956.

20 Aug 2016

The case involves a partition suit filed by the plaintiffs, who are the sons and daughters of Mahalingappa Wali, seeking a share in the joint family p...

High Court

Bombay High Court Allows Partition Appeal in Hindu Succession Act Case — Reverses Lower Courts' Dismissal of Suit for Partition and Possession. Court Holds That Widow's Remarriage Does Not Extinguish Her Right to Inherit from First Husband Under Section 2 of Hindu Widows' Remarriage Act, 1856, and That Adverse Possession Cannot Be Claimed by Coparcener Against Another Coparcener Without Ouster.

28 Apr 2014

The case involves a second appeal arising from a suit for partition and possession filed by respondent No.1 (plaintiff) against the appellant (defenda...

High Court

Bombay High Court Dismisses Shareholder Suit Challenging Director Appointments for Lack of Jurisdiction. Dispute Over Rights Under Articles of Association Falls Within Exclusive Jurisdiction of Company Law Board Under Companies Act, 1956.

24 Mar 2014

The suit was filed by shareholders of a banking company, Yes Bank, challenging resolutions relating to the appointment of directors and seeking declar...

High Court

Bombay High Court Allows Development Work in Specific Performance Suit Based on Oral Agreement — Interim Injunction Granted to Protect Plaintiff's Possession and Development Rights Pending Trial. The Court held that the Plaintiffs had made out a strong prima facie case for specific performance of an oral agreement for sale of an undivided share in immovable property, and the balance of convenience favoured granting interim relief to carry out development work.

11 Nov 2013

The Plaintiffs, Man Chandak Developers Pvt. Ltd., filed a suit for specific performance of an oral agreement entered into with late Shri Mangilal Gula...

High Court

Bombay High Court Allows Landlord's Eviction Petition in Rent Control Case — Tenant's Use of Residential Premises for Creche Constitutes Change of User and Nuisance. Running a creche in a residential tenancy amounts to change of user and nuisance, justifying eviction under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

10 May 2013

The original plaintiff, Smt. Sudha Sumant Barve (since deceased, represented by legal heirs), owned the ground and first floor of Shrikrupa Building i...

High Court

Bombay High Court Dismisses Appeal in Partition Suit — Appellants Fail to Prove Exclusive Title Over Suit Property. Court upholds trial court's finding that suit property was joint family property and not self-acquired, dismissing appeal for lack of evidence.

30 Nov -0001

The appellants, five sisters, filed a suit for partition and separate possession of a property situated at Village Manor, Taluka Palghar, District Tha...

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