Search Results for "Equitable Partition"

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High Court of Karnataka Dismisses Plaintiffs' Regular Second Appeal Challenging Dismissal of Suit for Declaration and Injunction Over Inam Land. Regrant of Land Under Karnataka Village Office Abolition Act During Pendency of Suit Does Not Prove Antecedent Ownership or Possession.

The case involves a regular second appeal filed by the plaintiffs against the concurrent judgments of the trial court and the first appellate court di...

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Supreme Court Dismisses Appeal for Suppression of Material Facts in Land Acquisition Dispute. Writ petitioner must disclose all relevant facts including prior civil suit and appeal; failure to do so disentitles equitable relief under Article 226.

The case involves an appeal by the sons of M. Krishna Reddy against the Bangalore Development Authority (BDA) and others. The appellants claimed that ...

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High Court of Bombay at Goa Dismisses Appeal Against SARFAESI Proceedings — Tenant's Claim Not Established. The court held that the appellant failed to prove tenancy and that the remedy under Section 17 of the Securitisation Act is available to any person aggrieved, including tenants.

The appellant, Modinasab Indikar, filed a first appeal before the High Court of Bombay at Goa against the order of the District Magistrate, Salcete, d...

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Bombay High Court Dismisses Third Party Impleadment Application in Partnership Suit — Assignment of Right to Sue Does Not Confer Right to Be Substituted as Party Without Leave of Court Under Order 22 Rule 10 CPC.

The present Chamber Summons was taken out by third party applicants, MahHill Properties Pvt. Ltd. and another, seeking impleadment as party defendants...

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High Court of Karnataka Dismisses Petition Challenging Rejection of Amendment Application in Partition Suit — Amendment Sought to Introduce New Case After Evidence Closed, Held Not Permissible Under Order VI Rule 17 CPC.

The petitioner, Mahadevappa S/o Irappa Hudedamani, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order ...

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High Court of Karnataka Dismisses Appellant's Regular Second Appeals in Property Partition Suit — Upholds Concurrent Findings Granting One-Half Share to Respondent. No Substantial Question of Law Arises Under Section 100 CPC.

The appellant, Sri Nanjaiah, filed two Regular Second Appeals under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and dec...

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Bombay High Court Allows Appeal in Partition Suit Due to Disputed Consent Terms. Consent Decree Set Aside as Court Failed to Verify Genuineness of Compromise Under Order XXIII Rule 3 CPC.

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court dated 28 September 2012, which made absolute a motion for recordi...