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Nov 18 1986

Ashok Kumar Luria Vs. Abdul Majeed Ahmed and ors.

Court : Chennai

Decided on : Nov-18-1986

Subject : Property

Acts : Partition Act, 1893 - Sections 3 and 23

Reported in : AIR1988Mad325

of 1983 in C.S. No. 40 of 1981. The said applications were filed under Section 3 of the Partition Act. 1893.2. The subject matter of these proceedings is the property bearing new door No. 74 Godown Street. G.T. Madras,

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Oct 24 1986

Dr. Kishore Chand Kapoor and ors. Vs. Dharam Pal Kapoor and ors.

Court : Supreme Court of India

Decided on : Oct-24-1986

Subject : Property

Acts : Partition Act, 1893 - Sections 3; Code of Civil Procedure (CPC) , 1908 - Order 20, Rule 18

Reported in : AIR1987SC66; 1986(2)SCALE684; (1986)4SCC505; 1987(1)LC284(SC)

and 4 and is directed against the order of the Delhi High Court under Section 3(1) of the partition Act, 1893.3. The preliminary decree was passed by a learned Single Judge of the High Court in terms of a

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Aug 02 1978

Taherbhai Abdulalli Vs. Nagindas Gokuldas Saraf and ors.

Court : Mumbai

Decided on : Aug-02-1978

Subject : Property

Acts : Partition Act, 1893 - Sections 2, 3, 7 and 8

Reported in : AIR1979Bom41; (1980)82BOMLR204; 1979MhLJ624

and 2, who are respondents Nos. 2 and 6 in the above first appeal, made an application under Section 3 of the Partition Act, 1893; applying for leave of the Court to buy at a valuation the share … 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

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Mar 05 2009

Rani Aloka Dudhoria and ors. Vs. Goutam Dudhoria and ors.

Court : Supreme Court of India

Decided on : Mar-05-2009

Subject : Property

Acts : 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

Reported in : 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 … by metes and bounds would be necessary and that the property cannot be reasonably or conveniently be partitioned.71. Section 3 of the Act envisages sale of the property within the shareholders. It unlike the provisions of the Code

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Nov 18 1987

Vaman Ganpatrao Trilokekar and ors. Vs. Malati Ramchandra Raut and ors ... Overruled

Court : Mumbai

Decided on : Nov-18-1987

Subject : Property

Acts : 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

Reported in : 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

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Jun 17 2008

Shri Allamaprabhu S/O Murigeppa Ghatnatti Vs. Baburao S/O Murigeppa Gh ...

Court : Karnataka

Decided on : Jun-17-2008

Subject : Property

Acts : Partition Act, 1893 - Sections 2, 3 and 3(1)

Reported in : AIR2009Kant48; 2008(6)KarLJ169; ILR2008(3)Kar3775; 2008(6)KLJ169; 2008(4)KCCRSN277(DB)

plaintiff that, the trial Court has not appreciated the right of the plaintiff under Section 3 of the Partition Act, 1893, is concerned, it is necessary to extract Section 2 and Section 3 of the said Act.2. Power of

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Nov 29 1988

Baratam Satyanarayana Vs. Baratam Kantharao and ors.

Court : Andhra Pradesh

Decided on : Nov-29-1988

Subject : PropertyCivil

Acts : 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

Reported in : 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

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Aug 17 2007

Sri. Janardhan Prabhu S/O. Late Anantha Prabhu Vs. Sri. Ganapathi Prab ...

Court : Karnataka

Decided on : Aug-17-2007

Subject : Property

Acts : 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

Reported in : 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

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Jul 09 2002

Srilekha Ghosh (Roy) and anr. Vs. Partha Sarathi Ghosh

Court : Supreme Court of India

Decided on : Jul-09-2002

Subject : FamilyProperty

Acts : Hindu Woman's Right to Property Act, 1937 - Sections 3(3); Hindu Succession Act, 1956 - Sections 23; Partition Act, 1893 - Sections 4 and 4(1); Transfer of Property Act - Sections 44

Reported in : AIR2002SC2500; 2002(4)ALD136(SC); 2002(2)BLJR1674; (SCSuppl)2002(4)CHN170; [2002(3)JCR61(SC)]; JT2002(5)SC169; (2002)3MLJ90(SC); (2002)6SCC359; [2002]SUPP1SCR45

on 12 June, 1976.Before her marriage the plaintiff no.2 had filed an application under Section 4 of the Partition Act, 1893 (for short 'the Act') Misc. Case No.21 of 1972 praying for pre- emption of the share of plaintiff … then the respondent and his mother became joint owners of the suit property subject to the provision in Section 3(3) of the Hindu Woman's Right to Property Act, 1937. After coming into force of the Hindu Succession Act,

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Jun 02 2008

Shri Vijay Balu Wayande Vs. Martand Keshav Dabhade, Keru Keshav Dabhad ...

Court : Mumbai

Decided on : Jun-02-2008

Subject : Property

Acts : Partition Act, 1893 - Sections 2 and 3; Code of Civil Procedure (CPC) - Order 20, Rules 12(1) and 18; Development Control Rules

Reported in : 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

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