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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

be deemed to be a decree within the meaning of Section 2 of the Civil P. C., under Section 8 of the Partition Act, 1893. He, therefore, submitted that once an order for sale under Section 2 was … 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

Ms. Seema and Others Vs. Surender Kumar and Another

Court : Delhi

Subject : Land Acquisition

of auction has already become final and in view of the provisions contained in Section 8 of the Partition Act 1893, the order for sale is deemed to be a „decree‟within the meaning of Section 2 of the code

Madhukar Ganpatrao Wankhede (since deceased through its legal heirs) a ...

Court : Mumbai Nagpur

Subject : Civil

Nil Ratan Sarkar, reported in AIR 1978 SC 845, the provisions of Section 2 and 3 of the Partition Act, 1893, require a Commissioner to be appointed to ascertain a question as to whether the property is divisible or … the present case. We were first of the view that no appeal lay because of the provisions of Section 8 of the Act which are to be following effect: "8. Orders for sale to be deemed decree: -

Smt. Arti Bhartia Nee Bhagat Vs. Piyush Bhartia

Court : Kolkata

Subject : CivilFamily

Acts : Hindu Marriage Act, 1955 - Sections 10(1 and 2), 9 to 13 , 25, 28;; Code of Civil Procedure (CPC) - Sections 2(2) and 115 - Order 43, Rule 1;; Partition Act, 1893 - Section 8

Reported in : (1999)1CALLT251(HC),II(1999)DMC35

(c), (d), (ja), (k), (n), (na), (t), (w)]. Such Intention is also apparent in section 8 of the Partition Act, 1893 making an order of sale under sections 2, 3 or 4 a 'deemed decree' but not the rejection

Faquira Vs. Raj Rani and anr.

Court : Delhi

Subject : Property

Acts : Partition Act, 1893 - Sections 2

Reported in : 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

Sukhendu Bikash Addy Vs. BipIn Behari Addy and ors.

Court : Kolkata

Subject : Property

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

Reported in : AIR2002Cal60

of sale in favour of the said Amal Roy. According to respondent No. 2, Section 3 of the Partition Act. 1893 requires a valuation. But no such valuation was ever made before putting up the property for sale. Neither … opposing the sale. Even then and order for sale under Section 2 is a decree in view of Section 8 of the Act. They could have preferred appeal against the said order, but which they did not. Therefore

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 … the Trial Court.4. Plaintiffs filed O.S.No. 245/1980 later numbered as O.S. No. 8471/1980 against the defendants for partition and separate possession of their 3/8th share

Indu Singh and Anr. Vs.prem Chaudhary and Ors.

Court : Delhi

Subject : MRTP

to give a person his monetary value of the share in the joint properties. Before passing of the Partition Act 1893, the concept of partition only meant partition by metes and bounds or physical partition of the joint properties. … as their interface with each other. I agree with the conclusions and most significantly, that by reason of Section 8 of the Partition Act, a determination or order that furthers the preliminary decree in a partition suit (by

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 … correspondingly: DATE AMOUNT10.08.2012Rs.4,50,000/-31.07.2012Rs.2,00,000/-15.11.2012Rs.45,50,000/- 3. Since 25% of successful bid was not deposited as contemplated under Order 21 Rule 84 an application came to be filed by legal representatives of 1st petitioner in FDP 19/2007 to hold that

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

Court : Mumbai

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 … may be required'8. The Act was passed to amend the law relating to partition. Sections 2, 3 and 8 thereof are relevant and read thus :'2. Whenever in any suit for partition in which, if instituted prior