Search Results for "Partition deed"

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Search Results for "Partition deed"

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High Court

Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree for Possession and Declares Sale Deeds Void. Co-owner's right to seek possession against trespasser without filing partition suit upheld under Section 100 CPC.

24 Jun 2016

The case involves a property dispute where the appellant, Mahadeo Madhaoji Shitaye, filed a suit (Regular Civil Suit No. 140 of 1990) seeking declarat...

High Court

Karnataka High Court Dismisses Appeal in Partition Suit — Appellant Fails to Prove Self-Acquired Property. Joint Family Property Presumed Where Common Funds Used and Possession Shared.

27 Nov 2014

The case involves a partition suit filed by the respondents (plaintiffs) against the appellant (defendant) seeking partition and separate possession o...

High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for partition and separate possession of joint family property decreed by trial court and affirmed by first appellate court; second appeal dismissed for lack of substantial question of law.

21 Feb 2013

The appellants, defendants 2 and 3 in O.S. No. 100/1991, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the...

High Court

Madras High Court Dismisses Second Appeal in Property Dispute — Confirms Plaintiff's Title and Right to Recovery of Possession. Partition Deed and Revenue Records Establish Ownership; Permissive Occupation Revocable at Will.

22 Jan 2025

The second appeal arose from a suit for declaration, recovery of possession and mandatory injunction filed by the plaintiff K.Saroja Ammal against the...

Supreme Court

Supreme Court Dismisses Appeal for Specific Performance of HUF Property Sale Agreement Due to Plaintiff's Inequitable Conduct. Suppression of Material Facts and Inconsistent Pleadings Disentitle Equitable Relief Under Section 20 of Specific Relief Act, 1963.

1 Mar 2024

The appeal arose from a suit for specific performance of an agreement for sale dated 16th January 1980 executed by the defendant (Brij Bhushan Chaudha...

High Court

Bombay High Court Dismisses Petition Challenging Execution of Decree in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Cannot Be Reopened in Writ Jurisdiction. The court held that the execution court cannot go behind the decree and that the writ court cannot re-appreciate evidence under Article 227 of the Constitution of India.

30 Nov 2022

The petitioners, legal representatives of the original defendant, filed a writ petition under Article 227 of the Constitution of India challenging the...

High Court

High Court of Karnataka Allows Revision Petition in Suit for Declaration and Cancellation of Gift Deed — Plaint Not Liable to Be Rejected Under Order VII Rule 11 CPC as Fraud Allegations Require Trial. The court held that the plaint disclosed a cause of action based on fraud, and the question of limitation is a mixed question of law and fact under Article 59 of the Limitation Act, 1963.

9 Dec 2013

The revision petition was filed by the defendant (Kishan Kumar Sharma) challenging the order dated 04.04.2013 passed by the XXVIII Additional Civil Ju...

High Court

Bombay High Court Allows Appeal Against Remand Order in Partition Suit — Trial Court Must Decide on Merits Without Remand. Failure to Frame Issues on Limitation and Relinquishment Does Not Justify Remand When Parties Have Already Led Evidence.

13 Oct 2023

The present appeal arises from a judgment and order of remand passed by the learned Ad hoc District Judge-1, Jalgaon, in Regular Civil Appeal No.877 o...

High Court

High Court of Karnataka Allows Partition Appeal in Hindu Succession Act Case — Mother Granted 1/4th Share in Joint Family Property. Court held that a mother is entitled to equal share with her sons in the property of her deceased son under Section 8 of the Hindu Succession Act, 1956, and that the property was not ancestral but self-acquired.

13 Jun 2025

The appellant, Venkubai, mother of the deceased Ravindra Shanbhag, filed a Regular First Appeal against the judgment and decree dated 03.03.2016 passe...

High Court

High Court of Karnataka Allows Appeal in Permanent Injunction Suit — Appellant Association Not Bound by Decree as It Was Not a Party to the Suit. The suit for injunction was filed by an individual against an association, but the association was not a party to the suit, rendering the decree unenforceable against it.

19 Jun 2018

The case involves a first appeal filed by the Licensed Electrical Contractors Association of Karnataka against the judgment and decree dated 24.6.2003...

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