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High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds trial and appellate court decrees granting 1/3rd share to plaintiffs in joint family property, rejecting defendants' claim of prior partition.

The present regular second appeal was filed by defendants No.1 to 6 (appellants) under Order XLII Rule 1 read with Section 100 of the Code of Civil Pr...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Upholds Finding That Hindu Joint Family Was Not in Existence. Kabuliyat Executed in 1955 and Subsequent Conduct of Parties Established Separation, Barring Claim for Share in Suit Property.

The dispute pertains to a suit for partition and separate possession of a house property situated in Wardha. The plaintiffs claimed that the suit prop...

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High Court of Karnataka Dismisses Regular Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Plaintiff Failed to Prove Marriage and Consequential Rights Over Suit Property; Courts Below Correctly Appreciated Evidence.

The appellant, Basangouda, filed a suit for declaration and injunction in O.S. No. 20/2006 before the Additional Civil Judge (Sr. Dn.), Raichur, claim...

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Bombay High Court Dismisses Petition Challenging Injunction Order in Property Dispute Between Brothers. Court upholds trial court's discretion in granting temporary injunction under Order 39 Rules 1 and 2 CPC, finding no perversity or jurisdictional error.

The petitioners, original defendants in a civil suit, challenged the order dated 2nd May 2017 passed by the District Judge-2, Niphad, dismissing their...

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Bombay High Court Allows Second Appeal in Property Suit, Remands for Fresh Disposal on Merits. Lower Appellate Court Failed to Decide Appeal on Merits, Violating Duty Under Section 96 CPC.

The appellant-plaintiff filed a second appeal before the Bombay High Court against the judgment and decree of the lower appellate court which had dism...

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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholds Retrospective Application of Amendment Deleting Section 23 of Hindu Succession Act. Female Heirs Entitled to Partition of Dwelling House as Amendment Removes Disability and Applies to Pending Appeals.

The case involves a partition suit filed by Respondent No.1 (original plaintiff) against her brothers, including the Appellant (original defendant No....

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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Concurrent Findings on Oral Partition. Court holds that finding of oral partition in 1958 was perverse and that the Appellate Court erred in assuming that the deceased father acted as Karta of joint family.

This is a second appeal arising from a partition suit. The appellants, legal representatives of the original plaintiff Shankar Ganpati Jagtap, challen...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiff Failed to Prove Title Over Disputed Property.

The appellant, Leelavati Baburao Chaudhari, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and dec...