Search Results for "Partition deed"

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Search Results for "Partition deed"

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High Court

Bombay High Court Dismisses Second Appeal in Property Possession Dispute — Concurrent Findings of Ownership and Possession Upheld. Court holds that no substantial question of law arises under Section 100 CPC when findings of fact are based on evidence and not perverse.

24 Nov 2018

The case involves a property dispute between two brothers, Gulab (plaintiff) and Ajab (defendant no.2), over a building constructed on Municipal Plot ...

High Court

Bombay High Court Dismisses Second Appeal in Land Suit Barred by Limitation. Suit for declaration of title and partition filed after 12 years from date of knowledge of adverse possession held time-barred under Article 65 of Limitation Act, 1963.

18 Jun 2010

The present Second Appeal arises from a judgment and order dated 7th October 1991 of the Additional District Judge, Pune, in Civil Appeal No.265 of 19...

High Court

High Court of Karnataka Dismisses Plaintiff's Writ Petition Challenging Rejection of Application for Appointment of Commissioner in Suit for Specific Performance. Court holds that appointment of commissioner for measurement of suit property is not permissible under Order 26 Rule 9 CPC when the purpose is to collect evidence for proving the case, as the commissioner's role is limited to elucidating matters already in issue.

23 Oct 2018

The petitioner, Mallappa, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 02.03.2015 passed b...

High Court

High Court of Karnataka Allows Second Appeal in Partition Suit — Appellate Court Erred in Decreeing Suit Without Proper Consideration of Evidence and Limitation. The Court set aside the Appellate Court's judgment and remanded the matter for fresh consideration on the issue of limitation and adverse possession under Section 100 CPC.

26 Aug 2022

The present second appeal arises from a partition suit filed by the respondent-plaintiff, Smt. Ashwathamma, against the appellants-defendants, who are...

High Court

Resolving Complexities in a Civil Suit for Partition. Limitation Issues, Res Judicata, and Legislative Amendments in Judicial Proceedings.

10 Jun 2024

The legal dispute involving a civil suit for partition and related claims, focusing on the issue of limitation under Section 9-A of the CPC. It explor...

Supreme Court

Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

20 Aug 2019

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

High Court

Bombay High Court Revokes Leave Under Clause 12 of Letters Patent in Arbitration Matter — No Part of Cause of Action Arose Within Court's Territorial Jurisdiction. The court held that leave to sue cannot be granted when the entire cause of action arises outside the court's territorial limits, even if the arbitration clause is broad.

10 Oct 2013

The case involves a Chamber Summons filed by Narendra Gorani (Applicant) seeking revocation of leave granted under Clause 12 of the Letters Patent to ...

High Court

High Court of Karnataka Quashes Appointment of Court Commissioner in Partition Suit — Trial Court Failed to Record Satisfaction That Commissioner Was Necessary for Just Decision Under Order 26 Rule 10 CPC. The Court Remitted the Matter for Fresh Consideration, Holding That the Power Under Order 26 Rule 10 CPC Must Be Exercised Judiciously and Only When Necessary for a Just Decision.

9 Jul 2026

The petitioner, Sri Shivanna, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 17.02.2022 passed by the...

High Court

Bombay High Court Allows Counter Claim in Suit for Perpetual Injunction — Order 8 Rule 6A CPC Permits Set-Off or Counter Claim Even in Injunction Suits. The court held that a counter claim arising from the same transaction cannot be excluded with liberty to file a fresh suit, as it would lead to multiplicity of proceedings.

19 Jan 2015

The petitioners, who were defendants in Regular Civil Suit No. 561 of 2014, challenged an order passed by the trial court under Order 8 Rule 6A and 6C...

Supreme Court

Supreme Court Allows Appeal Against Remand Order in Property Dispute — High Court Directed to Decide Appeal on Merits Based on Document Interpretation. The Court held that the High Court's second remand for commissioner identification was unnecessary when the sale deed, conveyance deed, and settlement deed together resolved the survey number discrepancy and established identity of the property.

23 May 2025

The present appeal arises from a property dispute between Peter Augustine (appellant) and K.V. Xavier and others (respondents) concerning 9 cents of l...

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