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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 … Subsequent to disposal of RFA 381/93, defendant No. 2 filed FDP No. 60/97 to draw the final decree proceedings and to put him in separate

Baratam Satyanarayana Vs. Baratam Kantharao and ors.

Court : Andhra Pradesh

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 … a sale under Section 2 and Sections 6, 7 of the Act go together. It is provided in Section 6(1) that every sale under Section 2 shall be subject to a reserved bidding and the amount of such

G. Sathyavelu Vs. G. Pramila Devi and Others

Court : Karnataka

Subject : Land Acquisition

sale proceeds as per their entitlement. The said application was filed in terms of Section 2 of the Partition Act, 1893, read with Section 151, C.P.C. After hearing the learned advocates for the parties, the following order came to … party in terms of Section 3 of the Partition Act at the price determined upon such valuation. 9. Section 6(1) of the Partition Act mandates fixation of reserve price. No such attempt is made by the trial court

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

Court : Supreme Court of India

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 … the provisions of the Partition Act.92. This brings us to the question as to whether the provisions of Section 6(1) of the Partition Act have been complied with or not. Sub-section (1) of Section 6 of the Partition

Gadadhar Ghose Vs. Janaki Nath Ghosh and ors.

Court : Kolkata

Subject : FamilyProperty

Acts : Partition Act, 1893 - Sections 2 and 6

Reported in : AIR1969Cal59,72CWN299

premises in suit to the parties or co-owners only.3. The importance is because of certain provisions in the Partition Act 1893 and also of certain decisions of this Court.4. The premises forming subject-matter of the Suit, 24, Guruprosad Chowdhury … the extent of one moiety or upwards, direct a sale of the property and a distribution of the proceeds.'Section 6 is as follows:'(1) Every sale under Section 2 shall be subject to a reserved bidding, and the amount

Ghantesher Ghosh Vs. Madan Mohan Ghosh and ors.

Court : Supreme Court of India

Subject : PropertyFamily

Acts : Partition Act, 1893 - Sections 4; Code of Civil Procedure (CPC) - Sections 11 and 47 - Order 21, Rule 16 - Order 22, Rules 10 and 12; Transfer of Property Act, 1882 - Sections 44 and 52

Reported in : 1996VIIAD(SC)217; AIR1997SC471; (1997)1CALLT26(SC); JT1996(8)SC410; 1996(6)SCALE734; (1996)11SCC446; [1996]Supp6SCR448

of Calcutta in Civil Revision Application No. 2250 of 1987. The question is whether Section 4 of the Partition Act, 1893 (hereinafter referred to as 'the Act') can be pressed in service in execution proceedings arising out of a … few background facts leading to the proceedings. The premises in question are a residential house situated at No. 6/1 Ghoshal Bagan Lane, Howrah. It was originally owned by one Kalipada Ghosh and on his death his three

Monomohan Saha Vs. Sm. Usharani Ghosh and ors.

Court : Kolkata

Subject : Property

Acts : Partition Act, 1893 - Section 4

Reported in : AIR1979Cal79

moiety share in the premises and in any event entitled to claim benefit under Section 4 of the Partition Act. 1893. In this background, the only issues settled for determination are:--ISSUES 1. Is the plaintiff a purchaser of half … defendants Nos. 1 to 5 are the widow, sons and daughter of Dhirendra Krishna Ghose. The defendant No. 6, Sunil Krishna Bose having no interest in the suit premises. It is also not challenged that the premises

Alli Ammal and ors. Vs. Nataraja Mudaliar and ors.

Court : Chennai

Subject : FamilyProperty

Acts : Partition Act, 1893 - Sections 2, 3, 3(1), 6 and 8; Code of Civil Procedure (CPC), 1908 - Sections 2 and 81

Reported in : AIR1972Mad195

on 28-11-1968, directing the Commissioner to sell the three items in public auction, under Section 2 of the Partition Act, 1893 (Act 4 of 1893). Then the first defendant came up with an application in I. A. No. 1111 … the value of her own share against the price of the entire properties. In fact, clause 2 of Section 6 of the Partition Act, prescribes that- '(2) On any such sale any of the shareholders shall be at

Pragun Buildtech (P) Ltd Vs. Sarla Aggarwal and Others

Court : Delhi

Subject : Land Acquisition

vogue at the time these statutory provisions were enacted. Now after a hundred years have passed since the Partition Act, 1893, the concept of purdah has become almost extinct. People have started living in flats in multi-storeyed buildings having … HUF‟s never comprised any such Joint Undivided Family at the time of respective transactions with the plaintiff. Thus, Section 44 of the Transfer of Property Act, 1882 as well as Partition Act will not be applicable to … appear in the matter. They have also not filed the written statement. 6. Defendant No.4 who is the son of defendant No.1 and brother of

Aysha and Another Zareena Mohammed and Others

Court : Karnataka

Subject : Land Acquisition

No.5 is on the higher side. 5. First respondent filed the instant I.A.6 under Section 3 of the Partition Act, 1893 ( Act for short) read with Section 151 CPC and prayed that A schedule properties be sold by