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High Court of Karnataka Sets Aside Order Dismissing Compromise Petition in Partition Suit — Emphasizes Liberal Approach to Compromise Under Order XXIII Rule 3 CPC. Trial Court Failed to Examine Genuineness of Compromise and Consent of Parties, Leading to Remand for Fresh Consideration.

The petitioner, Shri K M Manjunath, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 05.01.2016 passed...

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Supreme Court Upholds Validity of Adoption by Hindu Widow with Majority Consent of Male Sapindas. Consent of a Female Sapinda, Even if Nearest in Degree, Not Required as She is Incompetent to Advise Due to Her Own Legal Incapacity under Hindu Law.

The appeal arose from a partition suit where the appellants, as successors-in-interest of one Kothandaraman, claimed a share in joint Hindu family pro...

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Supreme Court Dismisses Appeal in Partition Suit, Upholds Concurrent Findings on Void Gift Deed and Limitation. The court held that no substantial question of law arose regarding limitation under Article 58 of the Limitation Act, 1963, as the courts below had concurrently found the suit not barred.

The case involves a partition suit filed by K.C. Chandrappa Gowda (plaintiff) against his father K.S. Chinne Gowda (first defendant) and K.C. Laxmana ...

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High Court of Karnataka Examines Trial Court's Order Allowing Amendment of Plaint in Suit for Recovery to Include Specific Performance. Petition Under Article 227 Questions Delay and Due Diligence Despite Liberal Approach to Amendments under Order VI Rule 17 CPC.

The writ petition was filed under Article 227 of the Constitution of India by the defendants in a suit, challenging the order of the Senior Civil Judg...