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Results of partition suit

Showing : 181-190 of 875 Results

CALCUTTA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Partition decree - Objection by transferee pendente lite - Appellant purchased the property during pendency of suit but prior to any preliminary decree being passed therein - However, appellant took no steps to apply to be impleaded in suit - Since appellant has purchased a share of a co-sharer in a partition suit..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 13 -- Readiness and willingness - Suit for recovery of earnest money - Allegedly, original owners were also not exclusive owners of specific khasra numbers which defendant agreed to sell - Even, they were also recorded to be owner of only share in joint holding with their co-sharers - Therefore, without getting partition of property any..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Partition -- Limitation - Once parties are co-owners, it always depends upon plaintiff as to when he files suit seeking partition - No limitation is prescribed for seeking partition...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Agricultural land - Plaintiff claims to be owner of suit property on the basis of oral partition which took place between ancestors of parties - Defendants admitted said oral partition in family and its implementation - However, defendants failed to prove their ownership over suit..........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Amendment of plaint - Partition suit - Amendment sought to add certain properties and necessary parties to suit - Suit for partition is not tenable unless all co-owners are joined as parties - Co-owners are necessary parties to suit and suit should not be dismissed for no,..........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Partition suit - Prima facie an opinion has been formed by Courts below about property being joint in absence of any tangible evidence at that stage to the contrary and based thereon an order allowing application for appointment of receiver - Orders have been passed to protect the property and..........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Temporary injunction - Pendente lite purchaser - Part of property purchased by party during pendency of partition suit - Would disentitle him to equitable relief of temporary injunction due to his conduct, particularly when he has knowledge about pendency of partition suit...........

KERALA HIGH COURT

Year of decision: 2017
Details

Limitation Act, 1963, Article 60 -- Limitation - Partition suit - Mahomedan Law - Suit for partition filed by plaintiff after 28 years of attaining majority - Suit is not maintainable as plaintiff has not filed suit within 3 year after attaining majority u/art 60 of Limitation Act - Suit rightly dismissed...........

KERALA HIGH COURT

Year of decision: 2017
Details

Limitation Act, 1963, Article 60 -- Limitation - Partition suit - Mohammadan Law - Suit for partition simplicitor laid 28 years after plaintiff attained majority is not maintainable in law, as it was not filed within 3 years after she attained majority as such suit was bound to fail - Suit barred by limitation...........

KARNATAKA HIGH COURT

Year of decision: 2017
Details

Family Courts Act, 1984 -- Giving share to a stranger who is treated as member of family - It is family arrangement - Challenge thereto cannot be in respect of properties allotted to one person/stranger - Entire settlement must be challenged and not a part thereof - Plaintiff is estopped from his conduct by questioning family settlement and seek partition of suit..........

Showing : 181-190 of 875 Results