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High Court of Gujarat Hears Second Appeal Challenging Partial Decree in Partition Suit — Appellants Argue Suit Barred by Limitation Due to Revenue Entry Mutation in 1983.

The matter arose from a suit filed by daughters of deceased Kachraji Aataji claiming partition of ancestral properties, specifically land bearing surv...

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Bombay High Court Dismisses Appeals in Property Dispute Between Education Society and Nagpur Improvement Trust — Declaration of Ownership Denied Due to Lack of Proof and Limitation. The court upheld the trial court's refusal to grant declaration but maintained the injunction against demolition.

The case involves two second appeals arising from a suit filed by The Shriram Education Society and others (appellants in SA 19/2013) against the Nagp...

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High Court of Karnataka Quashes Appointment of Commissioner in Final Decree Proceedings for Lack of Notice to Defendants. Order 26 Rule 9 CPC requires notice to all parties before appointing a commissioner for partition, and failure to do so vitiates the order.

The petitioners, who were defendants in a final decree proceeding (FDP No. 2/08) before the Principal Civil Judge, Bijapur, challenged an interim orde...

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Bombay High Court Allows Third Party Impleadment in Property Appeal — Applicants Claiming Adverse Possession Must Be Heard. Order 1 Rule 10 CPC invoked to join parties with independent title claims to ensure complete adjudication.

The present application was filed by two applicants, Khalil Haji Bholumiya Salar and Bilkis Mehboobsaheb Mujawar, seeking impleadment in First Appeal ...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Invalidity of Sale by Co-owner Without Proof of Partition. Co-owner's Sale of Undivided Share Without Consent of Other Co-owners Held Invalid as No Prior Partition Was Established.

The case involves a second appeal by original defendants nos.1-3 against a decree for declaration and injunction passed by the lower appellate court. ...