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Bombay High Court Dismisses Revision Against Rejection of Application to Set Aside Ex-Parte Decree in Suit for Declaration and Injunction. Delay of 13 Years Not Condoned as Applicants Failed to Show Sufficient Cause Under Order 9 Rule 13 CPC.

The case involves a civil revision application filed by the original defendants (applicants) against an order of the Civil Judge Senior Division, Khed...

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High Court of Karnataka at Dharwad Allows Writ Petition, Setting Aside Trial Court's Order on Court Fee in Partition Suit. Plaintiff Entitled to Fixed Court Fee Under Section 35(2) as Joint Possession Presumed Unless Ouster Proved.

The High Court of Karnataka at Dharwad, by its single judge, entertained a writ petition under Articles 226 and 227 of the Constitution of India filed...

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Karnataka High Court Allows Daughters' Partition Appeal in Hindu Succession Act Case — Daughters Entitled to Equal Share Despite Earlier Partition Deed. Daughters' right to partition upheld as the earlier partition deed was not binding on them under Section 6 of the Hindu Succession Act, 1956.

The appeal arises from a judgment and decree dated 13.12.2016 passed by the II Additional Senior Civil Judge and JMFC, Tumakuru, in O.S.No.10/2014, di...

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Madras High Court Dismisses Second Appeal in Partition Suit — Upholds Concurrent Findings of Oral Partition and Adverse Possession. The court held that an oral partition during the lifetime of the father is valid and that the plaintiff failed to prove joint possession or title to the suit properties.

The plaintiff, Rajaraman, filed a suit for partition claiming 1/3rd share in two items of property allegedly belonging to his father Nadesa Vanniyar. ...

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Bombay High Court Dismisses Appeals Against Arbitral Award in Partnership Dispute — Upholds Valuation Based on Book Value as Per Partnership Deed. Clause-11 of Partnership Deed Mandates Asset Valuation on Book Value Basis, Not Market Value, Under Section 48 of Indian Partnership Act, 1932.

The case involves two appeals filed by Dr. Vijaypat Singhania and others (Appeal No. 361 of 2010) and Dr. Gaur Hari Singhania and others (Appeal No. 5...

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Bombay High Court Dismisses Appeal Against Order of Status Quo and Appointment of Receiver in Property Dispute. Court Holds That Suit for Declaration and Injunction Is Not Barred by Limitation or Res Judicata and That Receiver Cannot Be Removed Without Proper Application.

The appeal arises from a suit filed by the respondents (Afzal Khan and others) against the appellants (Mehboob Ayub Khan and others) seeking declarati...

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High Court Quashes Human Rights Commission Proceedings in Property Dispute Due to Lack of Jurisdiction. The Commission Exceeded Its Powers Under the Protection of Human Rights Act, 1993 by Intervening in a Private Property Matter with a Pending Civil Suit.

The dispute originated from lands in village Zundal, District Gandhinagar, originally owned by Jethabhai Lallubhai Patel and devolved through inherita...