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High Court Dismisses Second Appeal in Partition Suit, Upholding Custom-Based Adoption Validity. Custom Allowed Adoption Above 15 Years in Vysya Community, and Adoptee Could Not Claim Share in Natural Family Property Under Section 12(b) of Hindu Adoptions and Maintenance Act, 1956.

The dispute arose from a partition suit filed by a son who had been given in adoption in 1974 at the age of 23-24 years. The natural father died intes...

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Karnataka High Court Quashes Trial Court Order Directing Court Fee on Market Value in Partition Suit. Valuation Must Be Decided on Plaint Allegations, Not Cross-Examination Admissions, Under Sections 35(1) and 35(2) of Karnataka Court Fees and Suits Valuation Act, 1958.

The writ petition arose from a suit for partition and separate possession filed by the plaintiff (petitioner) against his brother and the legal heirs ...

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High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Partition and Separate Possession of Half Share in Joint Family Properties Dismissed as Appellant Failed to Prove Substantial Question of Law.

The respondent-plaintiff filed a suit for partition and separate possession of her half share in the suit schedule properties against the appellant-de...

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Bombay High Court Dismisses Writ Petition Challenging Land Acquisition for Resettlement Project Due to Unexplained Delay of 12 Years. Petitioners' challenge to 2006 order of Divisional Commissioner fails as they failed to demonstrate diligence after personal hearing in 2005.

The petitioners, four individuals who are grandchildren of the original landowner Babasaheb Khadirsaheb Pirjade, filed a writ petition in 2018 challen...

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Bombay High Court Allows Son's Challenge Against Impleadment of Parents in Property Suit — Order Directing Addition of Parents as Parties Set Aside. Court holds that parents have no independent right to be impleaded in son's suit for possession against third parties under Order 1 Rule 10 CPC.

The petitioner, Parag Prakash Mutha, filed a writ petition challenging an order dated 10 January 2022 passed by the 7th Additional Judge, Small Causes...

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Madras High Court Considers Appeal in Partition Suit Over Alleged Benami Property and Gift Deeds. Trial Court Had Dismissed Plaintiff's Suit for Partition of Properties Claimed as Self-Acquired by Father, Relying on Benami Prohibition Act and Validity of Deeds.

The appeal arose from a partition suit where the plaintiff, daughter of deceased Syed Hussain, claimed a share in three properties, alleging they were...

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Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Specific Performance Suit. No Prima Facie Case for Injunction When Possession Not Delivered and Agreement Ambiguous.

The appellant, Sanjay Suganchand Kasliwal, proprietor of Kasliwal Construction, filed an Appeal from Order under Order 43 Rule 1(r) of the Code of Civ...