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Smt. Rathnamma and Another Vs. A.V. Sharadamma and Others

Court : Karnataka

Subject : FamilyProperty

Acts : Partition Act, 1893 - Sections 7; Code of Civil Procedure (CPC), 1908 -Sections 47, 115, 151, Order 21, Rule 90 and 92; Indian Limitation Act, 1963 - Sections 14, Article 127; Karnataka Civil Rules of Practice, 1967 - Rule 138 and 139; Karnataka Civil Rules of Practice, Rule 138; Civil Court Rules, Rule 139

Reported in : 1999(5)KarLJ631

the Court may order for it being sold and its proceeds may be distributed amongst the claimants.9. The Partition Act, 1893 deals with such a situation, Section 2 of the Partition Act confers the power to the Court to … so it cannot be said that the present revision petitioner was not entitled to get the benefit of Section 5 of the limitation Act read with the spirit and letter of Section 14 of the Limitation Act. Even

Taherbhai Abdulalli Vs. Nagindas Gokuldas Saraf and ors.

Court : Mumbai

Subject : Property

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

Reported in : 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 … 1. The 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 … of the Partition Act, 1893.3. The property is house property bearing No. 541 situated at Raviwar Peth In Pune, On the application made by the

Smt. Rukmani W/O Late Ethiraj, Vs. V. Uday Kumar S/O Late B. Venkatesa ...

Court : Karnataka

Subject : Property

Acts : Partition Act, 1893 - Sections 2 and 3; Code of Civil Procedure (CPC) - Sections 1, 54, 151 - Order 6, Rules 1 to 18 - Order 7, Rule 1 - Order 8 - Order 20, Rule 18 - Order 20, Rule 18(1) - Order 26, Rules 13 and 14 - Order 21

Reported in : ILR2008KAR13; 2008(3)KarLJ129; 2007(4)KCCR2566; 2007(6)AIRKarR228; AIR2008NOC69; 2008(2)ICC482(DB)

of the schedule property is beneficial for all the share holders. He further contend that the provisions of Partition Act 1893 are not applicable to the facts of this case. It was his further contention that the Trial Court … the sale of schedule property.7. When the matter stood at that stage the plaintiffs filed an application under Section 2 of the Partition Act on 1.4.2006 for sale of schedule property in a public auction and to … of premises No. 1 Wheeler Road, Civil Station, Bangalore measuring in all 5600 Sq.ft. (for short 'the schedule property'). The appellants and respondents are relatives

Rajalakshmi Vs. E. Balakrishnan and Others

Court : Chennai Madurai

Subject : Education

Suit property and she is a major share holder and therefore, as per Sections 2 and 3 of Partition Act, 1893, she is entitled to, preemptive right. Adding further, the learned counsel would submit that mere filing of written … (Prayer: Appeal is filed under Section 96 Cr.P.C., r/w. O.41 R1and2 CPC., praying to set aside the Judgement and decree dated 06.08.2012 made in … Sadhasivan/P2. Ramachandran died. His wife is Chandra / D3. His daughter is 5.Sathia / D4, Son is Chenthil/D5. His predeceased daughter Suja's legal heirs are

The Sangli Bank Ltd. by Its Pa Holder - Mr. M.R.V. Prasad Vs. Smt. Sud ...

Court : Karnataka

Subject : Civil

Acts : Partition Act, 1893 - Sections 4, 4(1) and 4(2); Transfer of Property Act - Sections 44

Reported in : AIR2007Kant3;

said to have filed formal objection to IA 4 filed by the applicant under Section 4 of the Partition Act, 1893. In the objections, it is contended that the application filed in the final decree proceeding is not maintainable. … entertained at the stage of second appeal and referring to the decision in Mohammadsadiq v. Mahboobsab 1987 KLJ 55, it has confirmed the order passed by the trial court in the Final Decree Proceedings. Hence, this appeal

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

Court : Karnataka

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 … and defendant Nos. 2, 3 and 4 are the purchasers of suit lands bearing R.S. No. 10/1, measuring 5 guntas; R.S. No. 11/1, measuring 7.02 acres and R.S. No. 30/3 measuring 06 guntas, in which defendant No.

Usha Batra vs.m/s Ombir Creation Private Limited & Ors

Court : Delhi

Subject : Land Acquisition

without giving an opportunity to the appellants to invoke their right of preemption under Section 4 of the Partition Act, 1893. According to the him, the conclusion of the learned Single Judge that the appellants should have invoked their … 216/2017 Page 1 of 17 Suit for Partition of property bearing No.43-A, Rajpur Road, Civil Lines, Delhi - 54 measuring 1400 Sq. Yds. was filed by respondent no.4 Sh. Girdhari Lal Batra. On 10th July, 2015, a

M/S. R.R. Spinning Mills Limited, Kapparathampatty, Jalakantapuram, Sa ...

Court : Chennai

Subject : company

Acts : Companies Act 1956 -- Sections 397, 398, 402 and 406; Code of Civil Procedure (CPC), 1908 -- Order 23, Rule 1; Partition Act, 1893 -- Sections 2, 3(1), 5

Reported in : 1998(3)CTC69

Order 23 Rule 1 of Code of Civil Procedure, 1908 and Sections 2, 3 (1) and 5 of Partition Act, 1893 - petitioners offered to sell their shares in company to respondents - share valued by chartered accountant - … be that having regard to the fact that the defendant is a minor, the court may not, Under Section 5 of the Partition Act, sanction the purchase. It is no doubt true that ah advantage has secured to

The Official Receiver, Salem Vs. C.B. Samanthagam Ammal and ors.

Court : Chennai

Subject : PropertyCivil

Reported in : (1979)2MLJ115

Shah v. Syed : [1955]1SCR108 and also to the provisions of the Partition Act. Section 2 of the Partition Act, 1893, deals with the power of Court to order sale instead for division, in partition suits. If it is … for depositing the sum of Rs. 20,000 into Court as ordered in I.A. No. 214 of 1971 dated 5th March, 1974.2. C.R.P. No. 2724 of 1978 is filed against the order in I.A. No. 1407 of 1974

Vinnapala Veera Venkata Satyanarayana Rao and ors. Vs. Addanki Narayan ...

Court : Andhra Pradesh

Subject : Family

Acts : Hindu Succession Act, 1956 - Sections 3(3), 4 and 23; Partition Act, 1893 - Sections 4; Hindu Womens' Right to Property Act, 1937; Code of Civil Procedure (CPC) , 1908 - Sections 47 - Order 1, Rule 10 - Order 21

Reported in : AIR2007AP213

appellants are entitled to put forth the plea that they are entitled to invoke the provisions of the Partition Act 1893 in the facts and circumstances of the case?7. If so, to what relief the parties would be entitled … the suit, died and the legal representatives, were brought on record. Appellants 5 and 6, the then minors, were declared as majors by virtue of … the successful bidder and also became a Court auction-purchaser. The learned coun- sel also had pointed out to Section 23 of the Hindu Succession Act, 1956, and would further contend that in the present case, the question