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Bombay High Court Dismisses Second Appeal in Partition Suit — Relinquishment Deed Without Consideration Not Binding. Family arrangement without consideration does not estop a coparcener from claiming partition of joint family properties.

This Second Appeal arises from a suit for partition and possession filed by the respondent (original plaintiff) against the appellant (original defend...

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High Court of Karnataka Dismisses Revision Petition in Partition Suit — Order Rejecting Application for Judgment on Admissions Upheld. Court held that admissions must be clear and unequivocal for judgment under Order 12 Rule 6 CPC, and disputed questions of fact cannot be decided in such application.

The petitioner, who is the first defendant in a suit for partition and separate possession, filed a revision petition under Section 115 CPC challengin...

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Bombay High Court Dismisses Pre-emption Claim Under Section 22 of Hindu Succession Act, 1956 — Testamentary Succession Bars Intestate Right. Property Devolution by Will Excludes Statutory Right of Pre-emption as Section 22 Applies Only to Intestate Property.

The case involves a dispute over a suit property (Plot No.21, Laxmi Nagar, Nagpur) originally purchased by late Kashinath Subhedar in the name of his ...

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Bombay High Court Allows Second Appeal in Electricity Bill Dispute — Sets Aside Lower Appellate Court's Judgment for Non-Compliance with Order 41 Rule 31 CPC. First appellate court must independently assess evidence and give reasons for reversal of trial court's findings.

The appellant, Sureshkumar S/o Rochiram Jagyasi, was a customer of the Maharashtra State Electricity Distribution Company Ltd. (respondent) and operat...

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Bombay High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Possession and Title Upheld. Court holds that findings of fact by lower courts on possession and title cannot be interfered with in second appeal under Section 100 CPC unless perverse or based on no evidence.

The case involves a property dispute between the appellants (original defendants) and the respondents (original plaintiffs) over land in Udatare, Talu...

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High Court of Gujarat Allows Second Appeal in Canal Collapse Damage Case — Negligence of Irrigation Department Established Despite Financial Constraints. Panchnama Prepared by Talati-cum-Mantri Held Admissible as Evidence Under Section 100 CPC.

The appellant, Patel Govindbhai Vasharambhai, filed a suit for damages of Rs.55,000 with 18% interest against the District Panchayat Surendranagar and...

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High Court of Karnataka Dismisses Guarantor's Writ Petition in Execution Proceedings — Res Judicata Bars Raising New Defenses in Execution. Guarantor Cannot Resist Decree on Grounds Not Raised in Suit Under Section 47 CPC.

The petitioner, Sri M.C. Ponnappa, was a guarantor for a loan of Rs. 8 lakh taken by the second respondent from the first respondent, State Bank of My...