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High Court of Karnataka Dismisses Partition Appeal Due to Adoption — Plaintiff Ceased to Be Coparcener After Valid Adoption Under Hindu Law. Adoption by Maternal Aunt and Her Husband Severed All Ties with Natural Family, Barring Claim to Ancestral Property.

This is a plaintiff's first appeal against the dismissal of his suit for partition and separate possession of a 1/6th share in a house property, and f...

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Bombay High Court Grants Probate of Will Dated 1977 Despite Limitation and Forgery Challenges. Executor Succeeds in Proving Due Execution and Testamentary Capacity of Testator Who Died in 1979.

The plaintiff, Suresh Manilal Mehta, filed a petition for probate of a Will dated 16th March 1977 allegedly executed by Rameshchandra Jamnadas Dalal (...

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Bombay High Court Dismisses Petition to Recast Issues in Partition Suit — No Error in Trial Court's Refusal to Frame Additional Issues After Evidence Commenced. The court held that the application for recasting issues was belated and lacked justification under Order 14 Rule 5 CPC.

The case arises from a partition suit filed by Lalasaheb Dattoba Pawar (Respondent No. 1) against several defendants, including Balasaheb Dattoba Pawa...

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Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

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High Court of Judicature at Bombay, Aurangabad Bench Allows Defendants' Second Appeal in Partition Suit as Alienee Proved Legal Necessity. Alienation of Ancestral Property by Disabled Manager Upheld Where Alienee Made Reasonable Enquiries and Believed in Good Faith that Necessity Existed.

Background: The dispute concerned the alienation of ancestral agricultural lands belonging to a Hindu joint family. The original plaintiffs (responden...

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Bombay High Court Allows Writ Petition Challenging Review of Interim Maintenance Order in Partition Suit — Review Without Change in Circumstances Not Permissible Under Section 151 CPC. The court restored the maintenance order of Rs.500 per month granted to the plaintiff-petitioner pending suit.

The petitioner, Smt. Janabai Ramchandra Barge, filed a writ petition under Article 227 of the Constitution of India challenging an order passed by the...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when courts below have concurrently found that suit property is joint family property and plaintiff is entitled to share.

The present second appeal was filed by the original defendants No.2 to 4 against the judgment and decree passed by the District Judge, Latur, in Regul...

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Appeal Allowed by High Court; Special Tribunal's Order Set Aside in Land Compensation Case. High Court reaffirms appellants' 1/5th share in compensation as decreed by Civil Courts, directing fair distribution and compensation repayment with interest.

The High Court allowed the appeal filed by the appellants, overturning the order of the Special Tribunal, Nagpur, in Compensation Case No.126/2017. Th...