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High Court of Karnataka Dismisses Second Appeal in Partition Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner in possession of joint family property cannot claim adverse possession against other co-owners unless there is ouster or denial of title.

The case involves a second appeal filed by the legal heirs of the original defendant No.1 (since deceased) against the judgment and decree dated 01.10...

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Bombay High Court Allows Decree Holder's Application for Appointment of Commissioner for Partition in Final Decree Proceedings. Final Decree Proceedings Not Governed by Article 136 of Limitation Act, 1963.

The petitioner, Sugandhabai alias Sundarabai J. Sakharam Meher, was the decree holder in a partition suit. A preliminary decree was passed on 16/03/19...

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Bombay High Court Allows Appeal Against Review Order in Partition Suit — Amendment of Plaint Allowed at Appellate Stage. Order XLIII Rule 1(w) CPC — Review Court erred in setting aside amendment granted by appellate court under Order VI Rule 17 CPC.

The present appeal arises from a partition suit filed by the original plaintiff (respondent No.1) seeking partition and separate possession of joint f...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Compromise Decree Valid Despite Alleged Fraud. Court holds that a compromise decree can only be challenged on limited grounds of fraud or coercion, and failure to prove such grounds results in dismissal of appeal.

The case involves a second appeal arising from a partition suit. The original plaintiff, Pandurang Shidu Chinchkar, filed Regular Civil Suit No. 324 o...