Search Results for "Hindu family partition"

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Bombay High Court Partially Dismisses Petition Challenging Rejection of Amendment in Partition Suit — Amendment Sought After Commencement of Trial Disallowed as It Would Change Nature of Suit Under Order VI Rule 17 CPC

The petitioner, Raju Danchand Bardia, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 13th October 202...

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High Court of Bombay Considers Application for Rejection of Plaint in Suit Alleging Unauthorized Alienation of Joint Family Property by Father. Limitation Period Under Section 109 of Limitation Act, 1963 Raised as Defence.

The matter arises from an Interim Application filed by Defendant No.1, Mantri Building Condominium, seeking rejection of the plaint under Order VII Ru...

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High Court of Karnataka Allows Petition to Implead Legal Representatives in Suit for Partition and Injunction — Application Under Order 22 Rule 3 CPC Read With Section 151 CPC Held Maintainable Despite Dismissal of Suit for Default.

The petitioner, Smt. Savithramma (since deceased, represented by her legal representative Sri. R.M. Sudarshan), filed a writ petition under Article 22...

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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.

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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Bombay High Court Dismisses Petition Challenging Refusal to Dismiss Suit Under Order IX Rule 5 CPC. Order IX Rule 5 CPC does not apply when summons were never issued to defendants, and the provision is directory, allowing court discretion to extend time for service.

The petitioner, Sanjay Madanchand Kashyap, who was defendant no.1 in Special Civil Suit No.769 of 2012, filed a writ petition challenging the order da...

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Bombay High Court Dismisses Appeal Against Refusal of Temporary Injunction in Property Suit — Appellants Failed to Establish Prima Facie Case for Injunction Against Alienation of Joint Family Property.

The appellants, Smt. Shubhangi Nandakishor Gaidhani and others, filed an appeal against an order of the trial court refusing to grant a temporary inju...

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Bombay High Court Dismisses Second Appeal in Property Partition Suit — Concurrent Findings of Fact Upheld. No Substantial Question of Law Found Under Section 100 CPC Regarding Will Validity and Adverse Possession.

The case involves a property dispute among family members. The original plaintiff, Indumati Anantrao Naik (since deceased and represented by legal rep...