Search Results for "Partition deed"

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Implead Legal Representatives in Partition Suit — Held That Application Under Order 22 Rule 4 CPC Was Not Maintainable as Defendant No.2 Was Already on Record and No Abatement Had Occurred

The petitioner, Sri Janardhana Suvarna, was Defendant No.2 in O.S.No.233/2016, a suit for partition and separate possession filed by Respondent No.1 (...

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Karnataka High Court Upholds Admission of Insufficiently Stamped Document for Collateral Purpose in Suit for Recovery of Possession — Document Admissible Under Section 35 of Karnataka Stamp Act, 1957 for Collateral Purpose of Contract.

The plaintiff filed a suit for recovery of possession claiming absolute ownership of the property. The defendant contended that the property belonged ...

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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholds Concurrent Findings of Courts Below. The court held that the appellant-defendant failed to prove exclusive title by adverse possession and that the suit was not barred by limitation under Article 65 of the Limitation Act, 1963.

The dispute pertains to a partition suit filed by the original plaintiffs (respondents) seeking partition of ancestral property. The appellant, defend...

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Bombay High Court Allows Appointment of Court Commissioner in Partition Suit to Ascertain Breach of Injunction. Court Commissioner under Order XXVI Rule 9 CPC can be appointed to record change in structure despite pending suit, as it aids in revealing truth and preventing multiplicity of proceedings.

The petitioner, Kavita Pramod Firke, filed a suit for general partition in the trial court. During the suit, she obtained a temporary injunction restr...

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Bombay High Court Dismisses Appeals in Property Partition Suit — Upholds Trial Court's Refusal to Reject Plaint Under Order VII Rule 11 CPC. Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

The case involves three appeals filed by the defendants (Smt. Malti Kapadia, Hemant Kapadia, and Vijaysingh Kapadia) against an order of the City Civi...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when courts below have concurrently found that suit property is joint family property and plaintiff is entitled to share.

The present second appeal was filed by the original defendants No.2 to 4 against the judgment and decree passed by the District Judge, Latur, in Regul...

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Bombay High Court Allows Writ Petition Challenging Grant of Leave to File Subsequent Pleadings Under Order VIII Rule 9 CPC. Trial Court's Order Set Aside as No Exceptional Circumstances Justified Filing of Additional Written Statement After Issues Were Framed.

The petitioners, original defendant Nos. 2 to 6, challenged an order passed by the trial court granting leave to the respondent No. 1 (original plaint...

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High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Failure to Prove Common Intention. Conviction under Sections 302, 324, 504, 506 read with 34 IPC set aside as prosecution failed to establish guilt beyond reasonable doubt.

The case pertains to an appeal against the conviction of the appellants (accused nos. 1 and 5 in some appeals, and accused no. 2 in another) by the Fa...