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..........
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..........
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..........
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..........
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..........
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...........
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...........
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..........
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..........
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..........