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High Court Dismisses Appeal in Partition Suit, Upholding Trial Court's Decree Granting Share in Joint Family Property Under Hindu Law and CPC

The High Court dismissed an appeal filed by defendant No.4 against a trial Court decree granting the plaintiff a 1/5th share in suit item No.5 in a pa...

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High Court of Karnataka Allows Writ Petition in Final Decree Proceedings — Mesne Profits Must Be Determined Before Auction Sale. Held that mesne profits under Section 2(12) CPC are a substantive right that cannot be deferred until after the sale of property in final decree proceedings.

The petitioner, Sri S.P. Suresh, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging two orders passed by the XV...

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High Court of Karnataka Allows Appeal in Property Suit, Reverses Trial Court's Finding of Res Judicata. The court held that the earlier suit was not between the same parties and the subject matter was different, thus the bar of res judicata under Section 11 CPC did not apply.

The appellant, Ashok Patil, filed a Regular First Appeal under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure, 1908, challenging ...

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Karnataka High Court Allows Partition Appeal in Co-owner Dispute — Rejects Adverse Possession Claim. Court holds that a co-owner cannot claim adverse possession against another co-owner without ouster, and a suit for partition is not barred by limitation under Article 65 of the Limitation Act, 1963.

The case involves a family dispute over property originally owned by M.A. Mohammed Ayoob. The appellant, Mohammed Hussain, filed a suit for partition ...

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High Court of Karnataka Hears Regular First Appeals Against Trial Court Decree Declaring Will Null and Void and Granting Partition. Appellants Challenge Declaration That Will Dated 30.06.1993 Was Executed Under Suspicious Circumstances; Final Judgment Text Incomplete.

The High Court of Karnataka heard two connected regular first appeals under Section 96 of the Code of Civil Procedure, 1908, against the judgment and ...