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Results of final decree for partition

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Showing : 51-60 of 125 Results

DELHI HIGH COURT

Year of decision: 2014
Details

Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Partition suit - All the parties having share in the property - Plaintiff is entitled to relief of permanent injunction till the execution of final decree for partition - Parties restrained till execution of final decree for partition from alienating, encumbering or parting with possession of any share or..........

HYDERABAD HIGH COURT

Year of decision: 2014
Details

Hindu Succession Act, 1956, Section 6 -- Right of daughter in co-parcenery property - Partition suit - Hindu Succession Amendment Act of 2005 was not on statue book when trial Court decided the suit in 1991 but had come into force pending the present appeal - Benefit of said amendment would enure to plaintiff since no final decree had been passed pending appeal - Plaintiff..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Final decree proceedings - Court on its own or on an application made by a party, can implead a party in the final decree proceedings if Court is of the opinion that proposed party has a right in the subject matter and there is possibility of his right being affected if he is not..........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 9, Rule 13 - - Ex parte decree - Setting aside - Partition suit - Final decree - Fresh summons need not to be served after passing the preliminary decree - Passing of preliminary decree does not decide the suit finally - Preparation of final decree is continuation of the same suit - Cause shown for non appearance is false - Order..........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ex parte ad interim injunction - Suit for partition - Defendants were negotiating to sell the property in dispute and change the nature of land by raising construction - There was an urgency in the matter as nature of property in suit is required to be maintained - In case any construction is raised it will create..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Section 97 -- Objections to preliminary decree - Where a party aggrieved by a preliminary decree in partition suit fails to make an appeal, he is precluded from disputing its correctness in any appeal preferred against final decree...........

BOMBAY HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Section 47 -- Final partition decree alleged to be inexecutale being vague - Commissioner had suggested two options in his report to divide the property - Trial Court left the exercise of selection of the option to the stage of execution - That does not render the decree vague...........

KERALA HIGH COURT

Year of decision: 2012
Details

Transfer of Property Act, 1882, Section 111, Civil Procedure Code, 1908, Order 20, Rule 19, Civil Procedure Code, 1908, Order 21, Rule 99 - - Partition suit - Final decree - Execution proceedings - Right of re-entry against tenant - Held, once execution court comes to the conclusion that claimants are indeed lessees it may not be correct or legal for Court to proceed..........

KERALA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 122, Rule of, 236 - - Final decree - Engrossment on stamp paper - Procedure for - Held, a final decree in a partition suit shall be prepared on no, judicial stamp paper of requisite value - A copy of final decree shall be sent to Sub Registrar for registration - A final decree cannot be engrossed on stamp paper of value proportionate to..........

KERALA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 26, Rule 14, Constitution of India, 1950, Article 227 -- Suit for partition - Final decree proceedings in suit - Objections raised by petitioner against report of advocate Commissioner turned down - Petition u/Art. 227 filed challenging order - Held, once a final decree is passed, any party aggrieved can challenge that decree by way of an..........

Showing : 51-60 of 125 Results