Search Results for "Joint decree"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Joint decree"

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High Court

High Court of Karnataka Allows Appeal in Property Dispute — Restrains Interference and Construction Pending Suit. Prima facie case established regarding joint family property and partnership firm rights under Order 39 Rules 1 and 2 CPC.

13 Dec 2024

The appellants, Mr. Parth Ghorpade and Mr. Sarvajeet Ghorpade, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) read with Section 151 of th...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court holds that no substantial question of law arises where courts below have concurrently held that plaintiff failed to prove joint family property and that suit property was self-acquired by defendant.

10 Jul 2023

The appellants, legal representatives of the original plaintiff N.L. Manjunatha, filed a Regular Second Appeal under Section 100 of the Code of Civil ...

High Court

High Court of Karnataka Allows Partition Appeal in Family Property Dispute — Rejects Adverse Possession Claim by Co-owner. Court holds that a co-owner in possession cannot claim adverse possession against another co-owner unless there is ouster or denial of title, and that a preliminary decree for partition can be passed even if some properties are not available for division.

12 Nov 2021

The case involves a Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 30.11.2015...

High Court

High Court of Karnataka Upholds Trial Court's Refusal to Pass Judgment on Admissions in Property Suit. Order XII Rule 6 CPC Judgment on Admissions Cannot Be Based on Disputed Facts Requiring Trial.

5 Mar 2019

The judgment arises from two writ petitions filed against a common order dated 11.02.2014 passed by the XLIII Additional City Civil and Sessions Judge...

High Court

High Court of Karnataka Dismisses Plaintiff's Petition for Judgment on Admissions and Allows Defendant's Petition Against Amendment of Plaint in Suit for Specific Performance. Court holds that admissions must be clear, unambiguous, and unequivocal for judgment under Order XII Rule 6 CPC, and that amendment of plaint cannot be allowed after commencement of trial to change the nature of the suit.

5 Mar 2019

The judgment arises from two writ petitions filed against a common order dated 11.02.2014 passed by the XLIII Additional City Civil and Sessions Judge...

High Court

High Court of Karnataka Dismisses Plaintiff's Petition and Allows Defendants' Petition in Suit for Declaration and Injunction — Order XII Rule 6 CPC Application Rejected as Admissions Not Clear and Unambiguous. The court held that for judgment on admissions, the admission must be clear and unambiguous, and the Trial Court's rejection of I.A.No.6 was correct, while the allowance of I.A.No.7 for amendment under Section 151 CPC was upheld.

5 Mar 2019

The judgment arises from two writ petitions filed against a common order dated 11.02.2014 passed by the XLIII Additional City Civil and Sessions Judge...

High Court

Bombay High Court at Goa Allows Writ Petition Challenging Execution Order in Eviction Suit — Mundkar Claim Rejected, Adverse Possession Not Proven. The executing court erred in dismissing execution on the ground of adverse possession when the decree was valid and the issue was already decided.

27 Sep 2013

The petitioners, Miss Aura Serafina Crispina de Souza and Miss Agnes Felicia de Souza, are the original decree-holders who obtained an eviction decree...

High Court

High Court of Karnataka Dismisses Appeals in Partition Suit, Upholds Daughters' Right to Equal Share in Joint Family Property. The court held that daughters are coparceners under Section 6 of Hindu Succession Act, 1956, and the suit for partition is not barred by limitation.

9 Oct 2023

The case involves two Regular First Appeals filed against the judgment and decree dated 22.04.2016 in O.S.No.173/2011 passed by the Principal Senior C...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

2 Dec 2021

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

High Court

Bombay High Court Dismisses Second Appeal in Will Dispute — Upholds Concurrent Findings on Execution and Attestation of Will. Court holds that suspicious circumstances surrounding execution of Will must be proved by propounder, and failure to examine attesting witness leads to adverse inference under Section 68 of Indian Evidence Act, 1872.

8 Jun 2011

The case involves a second appeal filed by the appellant, Smt. Daisy Senso alias Daisy A. Serrao, who was the original defendant no.1, against the jud...

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