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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

that any of the shareholders may also apply to purchase the shares of others, if they so desire.10. Section 7 of the Partition Act, 1893 further provides for the mode of partition and procedure to be followed in … 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

R. Jagadish Naik Vs. Gowramma since deceased by LRs and Others

Court : Karnataka

Subject : Land Acquisition

sum. All contentions are kept open. Subject to observation made herein above writ petition stands rejected. Ordered accordingly. Partition Act, 1893 Section 7 Code of Civil Procedure, 1908 Order 21 Rule 84 to 86 Auction purchaser Repayment of amount Petitioner was

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

Sita Ram Bishambar Dass Vs. Joginder Kumar and ors.

Court : Punjab and Haryana

Subject : FamilyProperty

Acts : Code of Civil Procedure (CPC) , 1908 - Order 21, Rule 89 - Order 43, Rule 1; ;Partition Act, 1893 - Sections 7 and 8

Reported in : AIR1963P& H531

case.6. As already mentioned above, the house in dispute was ordered to be auctioned under the provisions of Section 7 of the Partition Act, 1893, because the Local Commissioner appointed to, effect its partition by metes and bounds … the learned Subordinate Judge ordered that this property be auctioned under the provisions of Section 2 of the Partition Act, 1893, and the proceeds thereof be divided amongst the various co-owners in accordance with their shares. It may be

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

although it is not clear whether they mean by 'the sale is held', 'the sale is confirmed', as Section 7 of the Partition Act requires the sale to be held in accordance with the procedure of the Court, … 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

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

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 … sold their respective shares/interests to the plaintiff vide registered sale deed 07.04.2008. 7. After filing of written statement by defendant Nos.1 to 3, the plaintiff

Smt. Geetabai and ors. Vs. Babulal and ors.

Court : Madhya Pradesh

Subject : Property

Acts : Code of Civil Procedure (CPC) , 1908 - Order 21, Rules 95 and 96; Partition Act, 1893 - Sections 2 and 7; Madhya Pradesh Code of Civil Procedure (CPC) (Amendment) Act, 1984 - Sections 115

Reported in : AIR1990MP147; 1989MPLJ718

passed and in the final decree proceedings the house was put to sale under Section 3 of the Partition Act 1893 (for short 'the Partition Act'). The respondent No. 1 Babulal and out of the petitioners who arc L. … to buy the property. Section 4 pertains to partition suit by transfer of share in a dwelling house. Section 7 of the Partition Act prescribes the procedure to be followed in case of sale, the provision in Section

Dandu Dawood Basha Vs. Abdul Khader (Deceased by L.Rs.) and anr.

Court : Andhra Pradesh

Subject : Property

Acts : Partition Act, 1893 - Sections 7; Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 21, Rules 34 and 94

Reported in : AIR2006AP43

of the matter, I.A. No. 504 of 1972 was filed to have recourse to the procedure under the Partition Act, 1893 (for short 'the Act'). The I.A., was allowed and the Advocate Commissioner was appointed for the purpose of … necessary steps, for the purpose of executing the sale deeds.8. For the sales brought about under the Act, Section 7 thereof prescribes the procedure through which, the sold properties are to be conveyed. Clause (b) thereof provides for

Rajasekhar Andanuru @ R. B. Andanur Vs. A. Mohan

Court : Karnataka

Subject : Land Acquisition

as defendant Nos.4(a) to 4(c) filed application in I.A.No.12 under Section 2 read with Section 8 of the Partition Act, 1893 (for short 'the Act of 1893') requesting the Court to sell the suit schedule property by way of … and by such 'necessary or proper directions' as the Court may grant and not by the procedure in Section 7 which is directory in nature. The High Court in the above said judgment was of the view that