Search Results for "oral partition"

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Bombay High Court Allows Appeal in Partition Suit — Dispute Over Agricultural Land Between Brothers. Court Holds That a Suit for Partition Is Not Barred by Limitation When the Plaintiff Is in Joint Possession and the Property Is Ancestral.

The appellant, Shivaji Gopal Kurhade, filed a suit for partition and separate possession of ancestral agricultural land against his brothers and their...

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Bombay High Court Dismisses Second Appeal in Property Dispute Over Temple Land — Plaintiffs Fail to Prove Ownership by Adverse Possession. The court held that the plaintiffs' claim of adverse possession failed as they did not establish exclusive possession or ouster of the defendant temple.

The dispute in this second appeal concerns a property surveyed under no.263/3 of village Tuem, Pernem, Goa. The plaintiffs, who are the appellants, cl...

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Bombay High Court Dismisses Revision Against Rejection of Application to Set Aside Ex-Parte Decree in Suit for Declaration and Injunction. Delay of 13 Years Not Condoned as Applicants Failed to Show Sufficient Cause Under Order 9 Rule 13 CPC.

The case involves a civil revision application filed by the original defendants (applicants) against an order of the Civil Judge Senior Division, Khed...

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Bombay High Court Dismisses Second Appeals in Property Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner cannot claim adverse possession against another co-owner unless there is clear ouster and hostile title asserted.

The case involves a property dispute between two brothers, Gurudayalsing Bindra (original defendant, now represented by his legal representatives as a...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

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