Search Results for "partition demand"

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Search Results for "partition demand"

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High Court

High Court of Karnataka Dismisses Regular Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court holds that no substantial question of law arises for consideration when both courts below have concurrently found the plaintiff's possession and title based on evidence.

18 Dec 2025

The present regular second appeal was filed by the defendants (appellants) under Section 100 of the Code of Civil Procedure, 1908, challenging the jud...

High Court

High Court of Karnataka Allows Second Appeal in Partition Suit — Daughters Entitled to Equal Share in Joint Family Property Under Hindu Succession Act, 1956. Daughters' right to partition upheld despite earlier compromise decree excluding them, as compromise was not binding on them and they were not parties to it.

19 Sep 2025

The present Regular Second Appeal is filed by the appellants, who are the daughters of the deceased Mukundappa, against the judgment and decree dated ...

High Court

High Court of Karnataka Allows Appeal in Partition Suit — Order II Rule 2 CPC Bar Not Applicable to Defendants. Held that defendants in a partition suit are not required to claim their share and the bar under Order II Rule 2 CPC does not apply to them, setting aside rejection of plaint.

30 Jun 2023

The case involves a Regular Second Appeal filed by Revanamma against the judgment and decree of the Senior Civil Judge at Chittapur in O.S. No. 36 of ...

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

Karnataka High Court Partially Allows Appeal in Partition Suit Involving Joint Family Property — Daughters Granted Equal Share as Sons Under Hindu Succession Act, 1956. The court held that the 2005 amendment to Section 6 of the Hindu Succession Act, 1956, granting daughters coparcenary rights, applies retrospectively to pending suits, and daughters are entitled to equal share in joint family property.

10 Oct 2019

The case involves a partition suit filed by the respondents (plaintiffs) against the appellants (defendants) seeking partition and separate possession...

High Court

Karnataka High Court Partially Allows Appeal in Partition Suit Involving Joint Family Property — Daughters Granted Equal Share as Sons Under Hindu Succession Act, 1956. The court held that daughters are entitled to equal share in coparcenary property and that the Will executed by the father was not validly proved.

10 Oct 2019

The case involves a partition suit filed by the respondents (sons) against the appellants (daughters and others) seeking partition and separate posses...

Supreme Court

Supreme Court Upholds High Court's Preliminary Decree in Christian Intestate Succession Case — Family Settlement Not Proved. The Court affirmed that a Christian dying intestate devolves property equally among children and spouse, and an oral family settlement without registration or clear evidence is not binding.

2 Jul 2019

The case involves a dispute over the intestate succession of John D. Abraham, a Christian who died in 1964. The suit property was his estate. The plai...

High Court

Bombay High Court Allows Second Appeals in Property Dispute — Sale Deeds by Coparcener Without Legal Necessity Set Aside. Court holds that a coparcener cannot alienate joint family property without legal necessity or benefit to the estate, and that the burden of proof lies on the alienee to show necessity.

11 Nov 2013

The case involves two second appeals arising from Regular Civil Suit No. 232 of 1983 and Regular Civil Suit No. 74 of 1986, both filed by the appellan...

High Court

Bombay High Court Upholds Rent Controller's Permission to Evict Tenant for Arrears of Rent but Rejects Habitual Defaulter Ground. Landlord's claim for habitual default fails due to lack of specific pleading and proof under clause 13(3)(ii) of C.P. & Berar Rent Control Order, 1949.

6 Nov 2006

The case involves two writ petitions arising from proceedings under the C.P. & Berar Rent Control Order, 1949. The landlord, Ganesh Tukaram Lonkar, so...

Supreme Court

Supreme Court Decides on the Validity of Arbitral Award Covering Foreign Immoveable Properties Excluded from Preliminary Decree in a Partition Suit. Construction of Reference to Arbitration under Section 21 of the Indian Arbitration Act, 1940 Clarified.

13 Nov 1959

The dispute arose from a partition suit filed by the respondent, Subramaniam Chettiar, against his brother, Nachiappa Chettiar, and his sons (appellan...

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