Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issue regarding possession - Partition suit - Plaintiff filed suit seeking its division by metes and bounds and in alternative, he has prayed for sale of property by auction and for distribution of sale proceeds inter se parties to the extent of shares claimed in suit - Relief of possession is..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Partition suit - Parties entered into compromise - One party relinquished her share in subject matter of suit by receiving some amount - Said relinquishment is taken on record - Parties have agreed to share property as per said entitlement - Suit rightly decreed in terms of compromise...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for declaration of title and permanent injunction - Concurrent findings recorded by both the Courts below that plaintiffs failed to prove partition and possession over suit property, which is a finding of fact based on evidence available on record - Said findings neither perverse..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Claim made by petitioner herein was negatived in earlier litigations - Petitioner is yet to establish his right - Presence of petitioner is not at all necessary for effective adjudication in inter se dispute between respondents family members - He is thus, not necessary party -..........
Civil Procedure Code, 1908, Section 96 -- Appeal against preliminary decree passed in partition suit - Stay of appeal till disposal of probate proceedings - No material on record to suggest that final decree is prepared as yet - Only preliminary decree is challenged under appeal - There is thus, no justification for staying further proceedings of appeal indefinitely -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Purchaser of ancestral property is necessary party and in absence of such necessary party, partition suit cannot be adjudicated...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from trespassing into suit property and also from creating any new pathway across land - Partition took place between parties and both are in enjoyment and possession of their respective shares - As per partition deed both the parties can use the ridges situated in another sharer to..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Status quo order - Vacation of - Partition suit - Plaintiffs have failed to prove prima facie case of jointness - Whereas, defendants have brought several documents which are indicative of partition between three brothers - There is nothing joint between plaintiff and defendants - Status quo order vacated...........
Revenue entries -- Partition suit - Entries in revenue records do not amount to severance of status - It is for parties to establish by credible evidence that there was an equitable partition...........
Hindu Succession Act, 1956, Section 6, 4 -- Partition suit - Right of married daughters - Plaintiffs were claiming their father's share in suit properties and were not claiming as co-parcenars - There was no severance of status between father of plaintiffs and father of defendants - Plea of custom as alleged by defendant which prevents married daughters from claiming share..........
