Search Results for "partition demand"

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Search Results for "partition demand"

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High Court

High Court of Karnataka Allows Petitioner to File Written Statement Beyond 90 Days in Partition Suit. Order VIII Rule 1 CPC Held Directory, Not Mandatory — Trial Court's Rejection Quashed on Payment of Costs.

8 Jul 2026

The petitioner, Sri S. Indushekhar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 25/11/202...

High Court

Madras High Court Partially Allows Partition Appeal, Upholds 1/2 Share for Plaintiff but Modifies Decree to Include Right of Residence for Defendant. Court holds that a co-owner in possession cannot be ousted without partition by metes and bounds, and that the trial court erred in granting a preliminary decree without considering the defendant's right of residence under Section 44 of the Transfer of Property Act, 1882.

9 Jun 2026

The appeal arises from a judgment and decree dated 28.02.2018 passed by the Fast Track Mahila Court, Dindigul, in O.S.No.65 of 2009, a suit for partit...

High Court

High Court of Karnataka Allows Husband's Appeal in Partition and Mandatory Injunction Suits — Property Acquired During Marriage is Joint Family Property Under Section 27 of the Family Courts Act, 1984. The court held that the wife's contributions to the household and her role as a homemaker gave her a right to claim partition and mandatory injunction.

21 Mar 2025

The appellant, Sunil Abraham, and the respondent, Reeth Abraham (also known as Reeth Devaiah), were married and later divorced. During the marriage, t...

High Court

Bombay High Court Dismisses Revision Applications Against Eviction Decree for Unlawful Subletting and Structural Alterations. Lease Deed Did Not Confer Right to Sublet Without Landlord's Consent; Subletting to Associate Companies and License to Third Party Constituted Unauthorized Subletting Under Section 108(o) of Transfer of Property Act, 1882.

12 Nov 2024

The case involves a dispute over the eviction of tenants from a godown in Mumbai. The plaintiff, Saidpur Jute Co. Ltd., owned Godown No. 63 and leased...

Supreme Court

Supreme Court Allows Appeal Against High Court's Review Order in Partition Suit — Held That High Court Erred in Reviewing Its Own Judgment Without Jurisdiction Under Order 47 Rule 1 CPC.

8 Apr 2024

The appellant (plaintiff) filed a suit for partition and separate possession of suit properties, including houses and agricultural lands, against the ...

High Court

Bombay High Court Allows Section 11 Applications for Appointment of Arbitrator in Partnership Disputes Involving Legal Heirs of Deceased Partner. The Court held that the arbitration clause in the partnership deed is binding on the legal representatives of the deceased partner, and the applicants being daughters and legal heirs are entitled to invoke arbitration.

6 Jun 2022

The judgment concerns four applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Priya Rishi Bhuta and another, who ar...

High Court

Bombay High Court Allows Second Appeal in Partition Suit — Establishes Plaintiffs' Title and Entitlement to Partition. Court holds that concurrent findings of fact can be interfered with if perverse or based on no evidence, and that plaintiffs proved their 1/3rd share in suit property.

23 Mar 2017

The case involves a second appeal arising from a partition suit. The original plaintiffs, Ratnakar Pralhad Deoras (since deceased, represented by lega...

High Court

Bombay High Court Dismisses Second Appeal in Land Dispute Over Right of Way — Concurrent Findings of Fact Not Interfered With. The court held that a second appeal under Section 100 of the Code of Civil Procedure, 1908 cannot be entertained on questions of fact when findings are based on appreciation of evidence.

10 Mar 2017

The case involves a second appeal filed by the appellants (original plaintiffs) against the judgment and decree of the first appellate court which con...

High Court

High Court of Karnataka Quashes Order Reducing Share in Final Decree Proceedings — Trial Court Exceeded Jurisdiction by Modifying Preliminary Decree in FDP Without Appeal. Modification of shares in final decree proceedings without appeal against preliminary decree is without jurisdiction under Section 151 CPC.

28 Sep 2015

The petitioner, Smt. Cheekanda Pushparatna Chengappa, filed a suit (O.S.No.26/2010) for partition against the respondents, which was decreed on 01.10....

Supreme Court

Supreme Court Reviews High Court Decision Setting Aside Decree for Partition, Focusing on Civil Court Jurisdiction in Scheduled Areas. The Court Examines Whether Nagarjuna Gramin Bank v. Medi Narayana is Binding Precedent Excluding Jurisdiction Under the Andhra Pradesh Civil Courts Act, 1972.

1 Jan 1970

The dispute originated from a partition suit filed by the grandsons of Mukkera Muthaiah against the children of Muthaiah. The plaintiffs claimed that ...

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