Showing : 41-50 of 107 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 8, Rule 6-A-- Suit for permanent injunction - Plaintiff claiming exclusive possession - Defendant claiming that parties are in joint possession of the property - Counter claim whereby defendant seeking partition of the same - Title of suit property in dispute - Counter claim beyond pecuniary jurisdiction of..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2008
Details
Hindu Law-- Partition - Minors through mother filed suit for partition - Father sold property during pendency of suit - Trial Court passed preliminary decree holding that two plaintiffs and father is entitled to 1/3rd share each and that plaintiffs are entitled to separate possession of 2/3rd share after..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 152-- Partition decree - Amendment - Fault occurred because of the mistake committed by the office - To meet the ends of justice, the Court which passed the said judgment can definitely amend the decree - No doubt, when once the judgment is pronounced, the Court becomes functuous officio but it does not..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2007
Details
Evidence Act, 1872, Section 45-- DNA test - Partition suit - Controversy as to whether parties to suit were born to common mother whose property they claim to have inherited - Held, it is essential to order DNA Test which will set at rest the dispute between the parties - Order of lower Court ordering DNA Test, upheld...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2007
Details
Partition-- On the basis of adoption - If plaintiff is able to establish his adoption then he is entitled to seek relief of partition, even without seeking the relief of declaration relating to his status as adopted son...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 7, Rule 7-- Relief - Larger than claimed - Cannot be granted under guise of O.7.R.7 CPC - Suit for permanent injunction without any alternative relief of partition - Parties setting up rival claims of right, title and interests in respect of entirety of property - grant of preliminary decree for partition,..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 26, Rule 10, Civil Procedure Code, 1908, Order 20, Rule 18-- Suit for partition - Preliminary decree passed - Appointment of Advocate Commissioner - Preliminary decree becoming final and final decree proceedings initiated - Respondent filing application for summoning Commissioner for cross examination - As it is for Court to pass final decree to bring about..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Suit for declaration of title - Earlier suit filed regarding suit schedule property - Plaintiff was one of defendants in suit for partition - Plaintiff claimed ownership in respect of property which was adjudicated by trial Court - Held, present suit is barred by principle of res..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 53-- Execution - Sale of ancestral property in execution - Partition of property does held between deceased J.D. and his sons who were Hindus - Decree can be executed against ancestral co-parcenary property - D.H. can proceed against share of sons of deceased in property attached...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Stamp Act, 1899, Section 35, 36, Civil Procedure Code, 1908, Order 13, Rule 4-- Suit for partition - Earlier partition - Document relating thereto - Such a document goes to the root of the matter and it is not pressed into service for any collateral purpose - Such a document is pressed into service to prove that there was an earlier partition and the present suit itself is..........

Showing : 41-50 of 107 Results