Search Results for "possession and enjoyment"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "possession and enjoyment"

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High Court

Madras High Court Partially Allows Partition Appeal, Upholds 1/2 Share for Plaintiff but Modifies Decree to Include Right of Residence for Defendant. Court holds that a co-owner in possession cannot be ousted without partition by metes and bounds, and that the trial court erred in granting a preliminary decree without considering the defendant's right of residence under Section 44 of the Transfer of Property Act, 1882.

9 Jun 2026

The appeal arises from a judgment and decree dated 28.02.2018 passed by the Fast Track Mahila Court, Dindigul, in O.S.No.65 of 2009, a suit for partit...

Supreme Court

Supreme Court Dismisses Appeal in Marumakkathayam Partition Suit — Thavazhi Property Cannot Be Alienated Without Consent. The Court affirmed that properties acquired by female descendants under Marumakkathayam law constitute thavazhi property, and any partition or alienation by some members without the consent of all is void.

22 Nov 2024

The present appeal arises from a suit for partition filed by the plaintiffs (respondents herein) against the defendants (appellants) before the Addl. ...

Supreme Court

Supreme Court Allows Appeal in Property Dispute — High Court Erred in Reversing First Appellate Court's Refusal of Possession Without Framing Substantial Question of Law. Second Appeal Under Section 100 CPC Cannot Be Entertained Without Formulating a Substantial Question of Law.

27 Aug 2020

The case involves a property dispute between Nazir Mohamed (appellant) and J. Kamala (respondent) over a building and premises in Aduthurai, Tamil Nad...

High Court

High Court of Karnataka Allows Partition Appeal in Hindu Succession Act Case — Daughter Entitled to Equal Share in Joint Family Property. Daughter's right to partition of ancestral property upheld under Section 6 of Hindu Succession Act, 1956, as amended in 2005, despite father's death during pendency of suit.

16 Jun 2026

The appellant, Smt. Usha N Swamy, filed a Regular First Appeal under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908, again...

High Court

Bombay High Court Allows Amendment of Plaint After 30 Years in Property Suit — No Prejudice as Trial Not Commenced. Pre-Trial Amendment Permissible Under Order VI Rule 17 CPC Despite Delay, as No New Cause of Action Introduced.

11 Dec 2025

The present writ petition arises out of a civil suit filed in 1993 by the original plaintiffs, Smt. Bertha Carvalho and Shri Ross Carvalho, against th...

High Court

High Court of Karnataka Dismisses Revision Petition in Suit for Declaration of Ownership — Rejection of Plaint Application Under Order VII Rule 11 CPC Properly Refused as Plaint Discloses Cause of Action. The trial court's refusal to reject the plaint was upheld because the plaint disclosed a cause of action and issues of limitation and valuation were mixed questions of fact and law.

4 Jun 2015

The petitioners, who were the defendants in the trial court, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (C...

High Court

Bombay High Court Division Bench Reviews Interim Injunction Granted in Suit Challenging Redevelopment Resolution of Co-operative Housing Society. Appeals Raise Issues Regarding Membership Rights Under Section 35 of Maharashtra Co-operative Societies Act and Application of Maharashtra Ownership of Flats Act.

9 Aug 2012

The appeals arose from an interim injunction granted by a single judge of the Bombay High Court on 5 May 2011, restraining the Bombay Catholic Co-oper...

Supreme Court

Supreme Court Upholds Inclusion of Gifted Fixed Deposit Receipts in Estate of Deceased Under Section 10 of Estate Duty Act, 1953. Donor Retained Control by Renewing Receipts in Joint Names, Thus Not Excluding Herself from Benefit, Rendering Amount Liable to Estate Duty.

31 Jul 1969

Purnabai, the deceased, held three fixed deposit receipts with the State Bank of Bikaner on April 1, 1953. She intended to gift the amounts to her gra...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Over Temple Land, Remands for Fresh Consideration of Adverse Possession and Limitation Issues. The court set aside the first appellate court's decree and restored the trial court's dismissal of the suit, finding that the plaintiffs failed to prove title and possession within limitation.

28 Nov 2023

The present second appeal arises from a property dispute concerning a temple and adjacent land in Burhanagar, Ahmednagar. The original plaintiffs (res...

High Court

High Court of Karnataka Hears Writ Petition on Impleadment of Additional Defendants in Specific Performance Suit — Considers Proper Party Test Under Order I Rule 10 CPC

13 Sep 2023

The petitioner, as plaintiff, filed a suit for specific performance of an agreement of sale dated 10.06.2016 executed by late Mariyappa in respect of ...

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