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Rani Aloka Dudhoria and ors. Vs. Goutam Dudhoria and ors.
Supreme Court of India
Mar-05-2009
Property
Partition Act, 1893 - Sections 2, 3, 3(2), 6 and 6(1); Limitation Act, 1963 - Sections 12; Code of Civil Procedure (CPC) - Order 21, Rule 72A and 72A(2) - Order 26, Rule 18; Original Side Rules - Rules 6 and 13; Constitution of India - Article 142
AIR2010SC53; 2009(57)BLJR1293; JT2009(3)SC616; 2009(3)SCALE865; 2009(3)LC1193(SC):2009AIRSCW5572:2009(2)LHSC1095
for our consideration is as to whether the said purported auction was held de'hors the provisions of the Partition Act, 1893 or in accordance therewith. Indisputably the property situated at Netaji Subhas Road, Calcutta, is a double storeyed building … suggestion to the court by any side that since the property is indivisible for the reasons stated in Section 2 of the Partition Act, there needs to be a public sale. The sale took place only as an
Tag this Judgment! AI Brief & AskTaherbhai Abdulalli Vs. Nagindas Gokuldas Saraf and ors.
Mumbai
Aug-02-1978
Property
Partition Act, 1893 - Sections 2, 3, 7 and 8
AIR1979Bom41; (1980)82BOMLR204; 1979MhLJ624
above first appeal arising in execution proceedings raises an Interesting point under Sections 2 and 3 of the Partition Act, 1893.2. Under the decree for partition, passed in Special Civil Suit No. 277 of 1972, among the respondents, it … the property; and hence an application was made on Jan. 9, 1976 for sale of the property under Section 2 of the Partition Act, 1893.3. The property is house property bearing No. 541 situated at Raviwar Peth In
Tag this Judgment! AI Brief & AskAnthony Ammal Vs. Antony
Kerala
Jun-28-1983
Commercial
Partition Act, 1893 - Sections 2; Kerala Civil Rules of Practice - Rule 234
AIR1984Ker38
of the order which was dismissed by the order impugned in this Civil Revision.2. Section 2 of the Partition Act, 1893 reads:'2. Power to Court to order sale instead of division in partition suits.-- Whenever in any suit for
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Faquira Vs. Raj Rani and anr.
Delhi
Aug-09-1983
Property
Partition Act, 1893 - Sections 2
AIR1984Delhi168; 1984(6)DRJ33; 1984RLR44
D.K. Kapur, J.(1) Two applications under the Partition Act, 1893, have led to this Regular First Appeal which has been filed under Section 8 of the Partition Act … by the Court.(5) Both applications were rejected by the trial court holding that there was no application under Section 2 of the Act and, thereforee, no application could be filed under Section 3. There is little doubt the
Tag this Judgment! AI Brief & AskSri. Janardhan Prabhu S/O. Late Anantha Prabhu Vs. Sri. Ganapathi Prab ...
Karnataka
Aug-17-2007
Property
Partition Act, 1890 - Sections 2 and 3; ;Partition Act, 1893 - Sections 2 and 3; Code of Civil Procedure (CPC) - Sections 54 - Order 20, Rule 18 - Order 26, Rules 13 and 14
ILR2007KAR3871; 2008(4)KarLJ273
under Order 26 Rule 13 and 14 CPC then Court shall proceed under Section 2 and 3 of Partition Act, 1893. In cases not covered by Section 2 and 3 of the Partition Act the Court has the discretionary
Tag this Judgment! AI Brief & AskShri Vijay Balu Wayande Vs. Martand Keshav Dabhade, Keru Keshav Dabhad ...
Mumbai
Jun-02-2008
Property
Partition Act, 1893 - Sections 2 and 3; Code of Civil Procedure (CPC) - Order 20, Rules 12(1) and 18; Development Control Rules
2008(4)ALLMR783; (2008)110BOMLR2021; 2008(5)MhLj21
plaintiffs before the Executing Court at Kolhapur. The defence was to invoke Section 2 and 3 of the Partition Act-1893 if the suit property could not be partitioned. Admittedly, the decree was passed prior to 1977. The Building
Tag this Judgment! AI Brief & AskShantabai Bhimrao Dawane (Since Deceased Through Her L.Rs. Suresh Bhim ...
Mumbai
Jun-02-2008
Family
Partition Act, 1893 - Sections 2, 3 and 4; Code of Civil Procedure (CPC) - Order 20, Rules 12(1) and 18; Development Control Rules
2008(4)ALLMR525; (2008)110BOMLR1906
plaintiffs before the Executing Court at Kolhapur. The defence was to invoke Section 2 and 3 of the Partition Act-1893 if the suit property could not be partitioned. Admittedly, the decree was passed prior to 1977. The Building
Tag this Judgment! AI Brief & AskBaratam Satyanarayana Vs. Baratam Kantharao and ors.
Andhra Pradesh
Nov-29-1988
PropertyCivil
Partition Act, 1893 - Sections 2, 3, 3(2), 4, 4(2), 6, 6(1), 6(2), 6(3) and 7; Code of Civil Procedure (CPC), 1908 - Sections 96, 115 and 151 - Order 21, Rules 9, 9(1), 83, 84 and 85 - Order 32, Rule 12; Partition Rules - Rules 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 234 and 235
AIR1989AP320
into Court before the Court closes on the 15th day from the sale of the property.7. But the Partition Act, 1893 provides in Section 2 for sale of joint property by public auction and in Section 3 for auction
Tag this Judgment! AI Brief & AskVaman Ganpatrao Trilokekar and ors. Vs. Malati Ramchandra Raut and ors ... Overruled
Mumbai
Nov-18-1987
Property
Partition Act, 1893 - Sections 2, 3, 3(1), 3(2), 3(3), 4 and 8; Code of Civil Procedure (CPC), 1908 - Sections 2, 3, 4 and 54 - Order 20, Rule 18; Succession Act, 1925 - Sections 213
AIR1988Bom321; 1988(2)BomCR615; (1988)90BOMLR45
The original defendants submitted that they had become entitled to apply to court under Section 3 of the Partition Act, 1893 (hereinafter called 'the Act') and, accordingly, applied for leave to buy at a valuation the share of the … sale of the property the court had to be prima facie satisfied in the manner referred to in Section 2 of the Act. However, the provisions of Section 3(1) made it clear that once the plaintiffs made an
Tag this Judgment! AI Brief & AskPalanikumar Pillai Vs. Palani Kumar Pillai and ors.
Chennai
Apr-29-1988
Civil
Code of Civil Procedure (CPC) , 1908 - Sections 151; Partition Act, 1893 - Sections 2 and 3
AIR1989Mad119; (1988)IMLJ297
Civil - partition - Section 151 of Code of Civil Procedure, 1908 and Sections 2 and 3 of Partition Act, 1893 - Section 3 comes into play when entire suit property cannot reasonably or conveniently be divided and sale
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