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Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

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Kerala High Court Upholds Trial Court's Grant of Half Share to Sister in Property Dispute Between Siblings. Power of Attorney Revoked by Implication When Principal Joins in Sale, Rendering Subsequent Sale by Agent Void as to Principal's Share.

The appellant, Thankamma George, and respondent No. 1, Lilly Thomas, are sisters who jointly purchased a property in 1991. The appellant, working abro...

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Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...

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Supreme Court Allows Partition Suit by Granddaughter of Former Ruler — Private Properties of Nawab of Rampur to Be Distributed Under Muslim Personal Law, Not Primogeniture. Merger Agreement Guarantee of Succession to Gaddi Does Not Cover Private Properties Declared Under Article 4.

The case concerns the succession to properties declared as private properties by Nawab Raza Ali Khan, the former ruler of Rampur, under the Merger Agr...

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High Court of Karnataka Dismisses Writ Petition Challenging Trial Court's Order on Court Fee Valuation in Partition Suit — Suit Properly Valued Under Section 35(2) of Karnataka Court Fees and Suits Valuation Act, 1958.

The petitioners, defendant Nos. 3 and 4 in a partition suit (O.S. No. 53/2010) pending before the Principal Senior Civil Judge, Udupi, filed a writ pe...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — No Substantial Question of Law Arises. Concurrent findings of fact regarding joint family status and limitation cannot be interfered with under Section 100 CPC.

The appellants, along with one Ramappa, filed a suit for declaration, partition, and separate possession of suit schedule properties, alleging the exi...

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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...