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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 Independent Reasoning Renders Appellate Judgment Unsustainable.

The present second appeal arises from a partition suit filed by the original plaintiffs (appellants) against the defendants (respondents). The plainti...

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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholding Concurrent Findings of Joint Family Property. Court holds that a coparcener cannot bequeath or gift ancestral property by will or gift deed, and that the burden of proving partition lies on the party asserting it.

The case involves a second appeal filed by the defendants (appellants) against a decree for partition passed by the trial court and confirmed by the f...

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High Court of Karnataka Allows Appeal in Property Injunction Dispute — Sets Aside Trial Court Order for Lack of Application of Mind. Order 39 Rule 1 and 2 CPC Injunction Granted Without Proper Consideration of Prima Facie Case, Balance of Convenience, and Irreparable Loss.

The appellant, Sri Yathievendra Naik @ Yathish, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC)...

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Bombay High Court Upholds Injunction in Partition Suit by Daughter's Son Claiming Share in Ancestral Property. Court holds that a daughter's son has a right to claim share in ancestral property and that the trial court's injunction was justified to protect the suit property pending final adjudication.

The case involves a partition suit filed by Chandrakant Gopal Desale, the son of Muktabai, who was the daughter of Sakharam. Sakharam had three childr...

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Bombay High Court Dismisses Partition Suit as Barred by Res Judicata and Limitation in Family Property Dispute. Consent decree in earlier suit and ouster of co-owners bars subsequent suit for partition under Section 11 CPC and Article 65 of Limitation Act, 1963.

The plaintiffs, Rusi Hormusji Pavri and others, filed a suit for partition and declaration of co-ownership of 'Pavri House' against the defendants, wh...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds lower appellate court's decree confirming plaintiff's title and possession based on sale deed and adverse possession.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, arising from a property dispute. The original plaintiff (sin...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Suit for partition and separate possession of ancestral property dismissed as barred by limitation and adverse possession established by defendants.

The appellant, Rajkumar Chaganlal Shah, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree ...

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Bombay High Court at Goa Directs Registration of Sale Deed for Undivided Share Without NOC Under Section 49(6) of Town and Country Planning Act, 1974. Clarifications by Chief Town Planner and State Registrar Support No Requirement of NOC for Plots as per Survey Plan.

The petitioners, Gajendra Shenvi Desai and Radhika G. Shenvi Desai, as vendors, presented a draft sale deed for registration before the Civil Registra...