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Landmark Judgments and Articles on Law

How to ascertain Limitation for partition suit filed under Muslim law?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 219 of 1967 Decided On: 17.02.1971 Syed Shah Ghulam Ghouse Mohiuddin and Ors. Vs. Syed Shah Ahmed Mohiuddin Kamisul Quadri (Died) by Lrs. and Ors. Hon’ble Judges/Coram: A.N. Ray and G.K. Mitter, JJ. Citation: AIR 1971 SC…

Whether second partition suit will be barred by res judicata if first partition suit was dismissed for default?

IN THE SUPREME COURT OF INDIA Civil Appeal Nos. 1858-1859 of 2016 Decided On: 26.02.2016 Nagabhushanammal Vs. C. Chandikeswaralingam Hon’ble Judges/Coram: Kurian Joseph and Rohinton Fali Nariman, JJ. Author: Kurian Joseph, J. Citation: MANU/SC/0231/2016 1. Delay condoned. Substitution allowed. Leave granted.   2. Res judicata, partition, ouster…

Whether Partition suit filed on behalf of minor will abate on his death?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 326 of 1955 Decided On: 04.09.1958 Kakumanu Peda Subbayya Vs. Kakumanu Akkamma Hon’ble Judges/Coram: A.K. Sarkar, P.B. Gajendragadkar and T.L. Venkatarama Aiyyar, JJ. Author:T.L. Venkatarama Aiyyar, J. 1. This appeal arises out of a suit for…

Whether daughter is entitled to inherit ancestral property even if she was born prior to enactment of Hindu succession Act?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 188-189 OF 2018 [@SLP(C) Nos. 10638-10639 of 2013] DANAMMA @ SUMAN SURPUR & ANR. .Vs AMAR & ORS. A.K. SIKRI, J. Dated:FEBRUARY 1, 2018. The appellants herein, two in number, are the daughters…

Whether daughter can be denied right in ancestral property if preliminary decree is passed?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 8538 of 2011 (Arising out of SLP (Civil) No. 9586 of 2010) Decided On: 12.10.2011 Ganduri Koteshwaramma and Anr. Vs. Chakiri Yanadi and Anr. Hon’ble Judges/Coram: R.M. Lodha and J.S. Khehar, JJ. Citation: (2011) 9 SCC…

Whether court can permit addition of third party in partition suit?

IN THE HIGH COURT OF MADRAS CRP(PD) No. 1308 of 2013 and M.P. No. 1 of 2013 Decided On: 25.01.2017 M. Ammasayappan and Ors. Vs. Muthusamy and Ors. Hon’ble Judges/Coram: M.V. Muralidaran, J. Citation: AIR 2017 Madras 246 1. The case of the revision petitioners…

Precaution to be taken by court while granting permanent injunction in partition suit

IN THE HIGH COURT OF HIMACHAL PRADESH R.S.A. No. 89 of 2017 Decided On: 02.05.2017 Surat Ram and Ors. Vs. Ramesh Chand and Ors. Hon’ble Judges/Coram: Tarlok Singh Chauhan, J. Citation: AIR 2017 HP125 1. The plaintiffs are the appellants, who filed a suit for…

Joint family property partial partition without impleadment is not maintainable

Supreme Court of India Kenchegowda (Since Deceased) By … vs Siddegowda Alias Motegowda on 11 May, 1994 Equivalent citations: JT 1994 (4) SC 125, (1994) 108 PLR 282, 1994 (2) SCALE 959, (1994) 4 SCC 294 Bench: M Venkatachaliah, S Mohan JUDGMENT 1. Both these…

Only Share holder can be Party in partition of HUF

IN THE HIGH COURT OF JUDICATURE AT PATNA HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI First Appeal No.126 of 1980 Date: 16-09-2015 Kapildeo Singh Versus 1. Jamuna Singh Defendant Nos.1 (Siddhi Singh, since deceased) 3, 4 and 7 that means to say branches of Siddhi Singh/appellants…

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