Back
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
S.R.KRISHNA KUMAR, C.M.POONACHA
Noorjahan W/O Abdulrajak Mulla – Appellant
Versus
Salima W/O Shirajahmad Mulla – Respondent
| Table of Content |
|---|
| 1. suit filed for partition based on genealogy. (Para 1 , 2 , 3 , 4) |
| 2. defendants contest plaintiffs' claims and seek declaration. (Para 6 , 12 , 13) |
| 3. court grants leave to produce crucial documents. (Para 10 , 19 , 21) |
| 4. remand for retrial justified due to due process. (Para 20 , 22) |
| 5. order set aside; trial court proceedings to resume. (Para 23) |
ORAL JUDGMENT :
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
The present First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (for short, ‘CPC’), by the defendant Nos.1 to 5 calling in question the judgment and decree dated 22.06.2022 passed in OS No.25/2014 by the Senior Civil Judge, Bailhongal (for short, ‘the Trial Court’), whereunder, the suit for partition and separate possession filed by the plaintiffs/respondent Nos.1 to 9 herein has been decreed by the Trial Court.
2. The parties will be referred to as per their ranks before the Trial Court for the sake of convenience.
3. It is the case of the plaintiffs that the propositus namely Abdulraheem died on 13.12.1984, and his wife Jaibunissa died on 25.08.1997. The genealogy of the parties is extracted hereunder for reference:
4. It is the further cas
A party must be afforded an opportunity to contest a case fully, especially when counterclaims and evidence are involved, ensuring a fair hearing in partition disputes.
The rejection of an application for additional evidence in a partition suit is appropriate when it serves to fill a lacuna rather than addressing substantial claims of ownership.
A partition suit requires inclusion of all necessary parties to adjudicate claims on communal property, ensuring rights are accurately represented and adjudicated.
[A relinquishment deed must be registered to be admissible in evidence, and the absence of such a deed undermines claims of ownership or relinquishment of property rights.]
The relinquishment deed is valid as execution was voluntary, negating claims of misrepresentation.
Legislature has not prescribed any period of limitation for filing a suit for partition because partition an incident attached to property and there is always a running cause of action for seeking pa....
Defendants not cross-examining witnesses warranted a retrial for fair opportunity.
The Hindu Succession (Amendment) Act, 2005 grants daughters co-parcener status from birth, making any prior relinquishment of rights invalid for partition claims.
A second appeal under Section 100 of the CPC can only be admitted if substantial questions of law arise; in this case, no such questions were found.
The court reinforced that parties must have a fair opportunity to present evidence, especially in cases of partition claims involving ancestral property.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
