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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Upholds Exclusion of 16 Acres from Partition. Court holds that suit for partition of property in exclusive possession of co-owner for over 12 years is barred by limitation under Article 65 of Limitation Act, 1963.

The appellants, plaintiffs in the original suit, filed a suit for partition of suit properties including 16 acres of land in Sy.No.703. The trial cour...

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High Court of Karnataka Allows Appeal in Partition Suit — Res Judicata Not Applicable to Earlier Consent Decree Without Adjudication. Consent Decree Does Not Bar Subsequent Suit Under Section 11 CPC as There Is No Adjudication on Merits.

The appellant-plaintiff, Sangramappa, filed a suit for partition and separate possession of suit schedule A, B and C properties against his mother (fi...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Deceased Was Gratuitous Passenger in Goods Vehicle. Insurer Liable to Pay Compensation to Third Parties but Can Recover from Owner Under Section 147 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the dependents of Tulshiram Chavan, who died in a vehicular accident on 02.02.2000. The deceased ...

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Madras High Court Dismisses Revision Against Refusal to Recall Witness in Partition Suit. Trial Court's Discretion to Reject Application Under Order 18 Rule 17 CPC Upheld as Not Perverse.

The case arises from a civil revision petition filed by defendants 2 and 5 in a partition suit (O.S.No.53 of 2022) pending before the Additional Distr...