Search Results for "Equitable Partition"

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Search Results for "Equitable Partition"

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High Court

High Court of Bombay Hears Interim Application in Partition Suit Over Alleged HUF Properties. Plaintiff Seeks Injunction and Appointment of Court Receiver Pending Suit, Claiming Undivided Share Despite 2001 Affidavit Acknowledging Properties as Self-Acquired.

27 Jul 2026

The present order arises from an Interim Application filed by the plaintiff, Variinder @ Rajan, in Suit No. 343 of 2022 before the High Court of Bomba...

High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit, Upholds 1/3rd Share to Plaintiff. Daughter of Predeceased Daughter Entitled to Share Under Hindu Succession Act, 1956.

25 Jul 2025

The case involves a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the concurrent judgment and decree of ...

High Court

High Court of Karnataka Allows Appeal in Final Decree Proceedings — Non-Compliance with Preliminary Decree Directions Renders Final Decree Unsustainable. The court set aside the final decree in FDP No.9/2013 as the trial court failed to ensure compliance with the preliminary decree's directions regarding payment of owelty and costs before drawing the final decree.

16 Apr 2025

The appeal arises from a final decree in FDP No.9/2013 passed by the Principal Senior Civil Judge, Saundatti. The appellant, who was the 1st responden...

High Court

Bombay High Court Sets Aside Remand Order in Partition Suit — Directs Trial Court to Decide Issue No. 3 Afresh Without Adding New Property. The court held that the First Appellate Court exceeded its power under Order XLI Rule 23 CPC by directing inclusion of a property voluntarily relinquished by the plaintiff, and the proper remedy was remand under Order XLI Rule 25 CPC.

24 Oct 2024

The appellant, original defendant No. 2, challenged the judgment and decree dated 12.10.2022 passed by the learned District Judge-4, Jalna (First Appe...

Supreme Court

Supreme Court Upholds Arbitrator's Interim Award in Family Partition Dispute Under Arbitration and Conciliation Act, 1996. The court dismissed appeals challenging the High Court's partial allowance of appeals under Section 37, affirming the District Judge's dismissal of the Section 34 petition and upholding the interim award dated 26.05.2007.

9 Nov 2021

The dispute originated from a family partition involving the Vizianagaram estate, with Pusapati Vijayaram Gajapathi Raju as the karta who partitioned ...

High Court

High Court of Karnataka Dismisses Appeal in Suit for Permanent Injunction — Appellants Failed to Prove Possession and Title. The Court upheld the trial court's finding that the suit was barred by limitation under Article 65 of the Limitation Act, 1963, as the appellants were not in possession within 12 years prior to the suit.

22 Jul 2019

The appellants, who are the legal heirs of one Anantha Ramaiah, filed a suit for permanent injunction against the respondents in respect of agricultur...

High Court

Karnataka High Court Hears Regular First Appeal Against Trial Court Decree Declaring Plaintiff as Absolute Owner and Ordering Delivery of Possession. Deemed University's Land Acquisition and Possession Dispute Involving Application of Land Acquisition Act, Karnataka Societies Registration Act, 1960, and Section 96 of CPC.

6 Jun 2016

The appeal arose from a suit filed by the National Institute of Mental Health and Neuro Sciences (NIMHANS), a deemed university and society registered...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Reasons Renders Judgment Invalid.

18 Dec 2013

The case involves a second appeal filed by the defendants against the judgment and decree of the 9th District Judge, Nagpur, in Regular Civil Appeal N...

Supreme Court

Supreme Court Upholds Right of Pre-emption in Partition Deed Covenant Binding on Successors-in-Interest. Covenant Not Expressly Binding Assignees Held Enforceable Against Subsequent Purchasers with Notice, and Rule Against Perpetuities Held Inapplicable to Personal Pre-emption Agreements.

6 Sep 1966

The dispute arose out of a partition suit between two brothers, T and K, which was referred to arbitration. The arbitration award divided the joint pr...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Suit for Possession and Mesne Profits Dismissed as Plaintiffs Failed to Prove Title and Possession.

30 Nov -0001

The case involves a Second Appeal filed by the original plaintiffs (appellants) against the judgment and decree of the District Judge, Latur, dismissi...

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