Search Results for "Partition deed"

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Search Results for "Partition deed"

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High Court

High Court of Karnataka Allows Second Appeal in Property Dispute Between Husband and Wife — Sale Deed by Wife Upheld as Valid. The court held that a Hindu wife has an independent right to alienate her share of property and that a child marriage does not automatically invalidate a subsequent sale.

19 Jul 2016

The respondent, Mallayya, filed a civil suit (O.S. No.127/1994) seeking a declaration that he was the owner of land bearing Survey No.94/2B measuring ...

High Court

Bombay High Court Allows Writ Petition in Specific Performance Suit — Unregistered Agreement for Sale Can Confer Lawful Possession Entitled to Injunctive Protection. The Court held that possession under an unregistered agreement for sale is lawful and protectable, and the appellate court erred in reversing the trial court's discretionary order by misapplying Section 49 of the Registration Act, 1908 and the ratio in Suraj Lamp.

13 Mar 2025

The petitioner, Annappa Maruti Zalke, filed a suit for specific performance of an agreement for sale dated 11th May 2002 and for an injunction restrai...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Interfered With. Suit for Declaration of Title and Injunction Dismissed as Plaintiff Failed to Prove Possession and Title Based on Registered Sale Deed.

4 Aug 2022

The appellant/plaintiff filed a suit for declaration of title and permanent injunction in respect of three agricultural properties. He claimed to have...

High Court

Bombay High Court Dismisses Appeals in Property Suit — Upholds Refusal to Strike Out Defence Under Order 8 Rule 10 CPC for Failure to File Written Statement Within 90 Days. The court held that the power to strike out defence is discretionary and not automatic, and that non-disclosure of defence under Order 6A Rule 3 CPC does not justify striking out.

21 Dec 2017

The present appeals arise from a suit filed in 1987 by Behram Nowrosji Gamadia and Jehangir Dhan Mistri (original plaintiffs) against several defendan...

High Court

Bombay High Court Quashes Disqualification of Gram Panchayat Member for Father's Encroachment — No Vicarious Liability Under Section 14(1)(j-3) of Maharashtra Village Panchayat Act, 1958. Petitioner's separate residence and ration card established no personal encroachment, setting aside Collector and Commissioner orders.

17 Apr 2024

The petitioner, Shri Aakash Babaso Shinge, a member of the Gram Panchayat of Nej, Taluka Hatkanangale, District Kolhapur, was disqualified by the Coll...

High Court

Bombay High Court Allows Second Appeal in Property Dispute — Sale Deed Held Nominal and Void for Lack of Collector's Permission Under Fragmentation Act. The court restored the Trial Court's finding that the sale deed was a nominal transaction and void under Section 8 of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947, reversing the lower Appellate Court's decree for possession.

30 Oct 2015

The case involves a second appeal arising from a property dispute over Survey No.20/2. The plaintiff-respondent No.1 (Damodhar Narayan Sawale) filed R...

High Court

High Court of Karnataka Allows Appeal in Partition Suit, Sets Aside Dismissal and Remands for Fresh Consideration. The Court held that the Trial Court erred in dismissing the suit on limitation without properly determining whether the plaintiffs were in joint possession, and remanded the case for fresh disposal under Order 41 Rule 23 CPC.

4 Jul 2013

The case involves a Regular First Appeal filed by the defendant No.1 against the judgment and decree dated 22.01.2009 in O.S.No.7552/1993 on the file ...

High Court

Madras High Court Hears Appeal Against Partition Decree in Joint Family Property Suit. Appeal Filed Under Section 96 of CPC Seeks to Set Aside Decree Granting 1/4th Share to Plaintiff in Intestate Succession Case.

6 Jul 2026

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High Court

High Court Quashes Lok Adalat Award Filed by Non-Guardian of Minor, Remands Claim Petition. Absence of Proper Representation of Minor Vitiated Compromise, and Compensation Was Not Determined as Per Law.

8 Apr 2026

A minor child and her paternal grandmother (as next friend) approached the High Court under Articles 226 and 227 of the Constitution and Section 173(1...

High Court

Bombay High Court Allows Second Appeal in Suit for Injunction Based on Deed of Relinquishment. Deed of Relinquishment executed by appellant in 1960 held to be valid and binding, entitling the father to seek injunction against appellant.

13 Apr 2005

The case involves a second appeal arising from a suit for injunction filed by the father of the appellant (deceased Hariba). The suit was based on a d...

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