Search Results for "commission for partition"

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Search Results for "commission for partition"

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Supreme Court

Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

29 Mar 2023

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

Supreme Court

Supreme Court Allows Appeal in Maharashtra Land Ceiling Case — Partition Deed Prior to Cut-off Date Not Ignored Under Section 11 of Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. Registered Partition Deed Dated 31.01.1970 Held Valid as It Was Executed Before 26.09.1970, Not Deemed to Avoid Ceiling Laws.

19 Feb 2020

The appeal arose from a difference of opinion between two judges of the Supreme Court regarding the validity of a partition deed dated 31.01.1970 exec...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Partition Suit — Dispute Over Will and Joint Family Property. Court holds that a suit for partition is maintainable even if the plaintiff claims through a Will, and the Civil Court has jurisdiction to decide the validity of the Will.

30 Nov -0001

The case involves an appeal against an order rejecting a plaint in a partition suit. The appellants, who were original defendants, challenged the tria...

Supreme Court

Supreme Court Allows Appeal in Partition Suit Based on Daughter's Inheritance Rights Under Pre-1956 Hindu Law. Property Deemed Self-Acquired, Daughter Inherits by Succession, Not Survivorship, Under Mitakshara Principles, Leading to Partition Decree for Appellants.

20 Jan 2022

The dispute arose from a partition suit filed by Thangammal, claiming a 1/5th share in properties originally owned by Marappa Gounder. The suit was di...

Supreme Court

Supreme Court Allows Appeal in Partition Execution Dispute — Preliminary Decree Held Executable Despite Pendency of Final Decree Proceedings. The Court restored execution proceedings under Order 20 Rule 18 CPC, emphasizing that a preliminary decree in a partition suit is executable even before the final decree is passed.

1 Jan 2026

The appellant, Jennifer Messias, and her husband Peter Messias purchased a flat in Jabalpur in 1991. They were judicially separated in 2003, confirmed...

Supreme Court

Supreme Court Allows Partition Appeal in Thiyya Family Dispute — Presumption of Marriage and Legitimacy Upheld Based on Long Cohabitation. Law leans in favour of legitimacy and frowns upon bastardy; presumption under Section 114 of Indian Evidence Act, 1872 arises from long cohabitation and is rebuttable only by clear evidence.

13 Jun 2022

The case involves a dispute over partition of ancestral property belonging to a Thiyya family governed by Mitakshara law. The appellants (plaintiffs) ...

High Court

High Court Quashes Human Rights Commission Proceedings in Property Dispute Due to Lack of Jurisdiction. The Commission Exceeded Its Powers Under the Protection of Human Rights Act, 1993 by Intervening in a Private Property Matter with a Pending Civil Suit.

15 Jan 2026

The dispute originated from lands in village Zundal, District Gandhinagar, originally owned by Jethabhai Lallubhai Patel and devolved through inherita...

High Court

High Court of Karnataka Quashes Commission Order in Final Decree Proceedings Due to Lack of Jurisdiction and Non-Compliance with CPC Requirements. The court held that the trial court must first determine the mode of partition before issuing a commission under Order 26 Rule 9 CPC.

14 Jun 2019

The petitioners, legal representatives of the original plaintiff Y.R. Lakshminarasimhaiah, filed a writ petition under Article 227 of the Constitution...

High Court

High Court of Karnataka Dismisses Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Partition Suit — Petitioner Failed to Show Sufficient Cause for Non-Appearance. The court held that mere denial of service without evidence is insufficient to set aside an ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908.

22 Mar 2024

The petitioners, legal representatives of the original defendant Kadappa, filed a writ petition under Article 227 of the Constitution of India challen...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Title Dispute Involving Multiple Previous Suits. Court Examines Maintainability Under Order 2 Rule 2 CPC and Relief Requirements Under Section 34 of Specific Relief Act, 1963 Regarding Declaration Without Consequential Possession.

16 Feb 2026

The dispute originated from a property suit O.S.No.156/2010 filed by seven plaintiffs seeking declaration of title and permanent injunction regarding ...

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