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B. P. COLABAWALLA, FIRDOSH P. POONIWALLA
Karunakar Shetty – Appellant
Versus
Shanta Chandappa Alva – Respondent
JUDGEMENT :
Firdosh P. Pooniwalla, J.
1. The present Appeal is filed challenging the Judgement dated 31st March 2021 passed by the Family Court No.3 at Bandra, Mumbai, in Petition No. B-79 of 2017, whereby the learned Family Court Judge dismissed the said Petition under Order 2 Rule 2 of the Code of Civil Procedure, 1908 (“the CPC”). The said Petition No. B-79 of 2017 was filed by the Appellant seeking a declaration of sole ownership of Flat No. 104, 1st Floor, ‘B’ wing, Ambar Lok Rachana Co-operative Housing Society Limited, Amar Nagar, Goregaon Link Road, Mulund (West), Mumbai 400 082 (“the Suit Flat”), standing in the joint name of the Appellant and the Respondent. In the alternative it was prayed for auctioning the Suit Flat and dividing the sale proceeds in equal shares between the parties, along with other ancillary reliefs.
2. On 15th May 1967, the marriage between the Appellant and the Respondent was solemnized as per the Hindu Vedic Rites. On 6th April 1968 and 4th April 1970 respectively, two sons were born to the Appellant and the Respondent from the said wedlock namely – Sathyapal and Dharmaraj, and in 1996-97, the Suit Flat was purchased in the joint names of the Appellan
Distinct causes of action in separate petitions do not trigger the bar under Order 2 Rule 2 of the CPC, allowing for independent claims.
The bar under Order II Rule 2 CPC does not apply when a second suit is based on a distinct cause of action arising from subsequent events, such as the lifting of a government ban on property registra....
The court articulated that a suit cannot be dismissed at the threshold for alleged insufficiency of court fees if it discloses a valid cause of action, emphasizing the importance of evaluating the me....
The right to seek partition is a recurring cause of action, and a fresh suit is not barred by the dismissal of a previous suit for non-prosecution under CPC.
The plea of bar under Order II Rule 2 CPC prohibits a second suit for specific performance if based on the same cause of action previously omitted, and the suit is also barred by limitation under Art....
Family settlements may not require registration if they do not create or confer any rights in property, maintaining the principle that suits should disclose a cause of action as per Order 7 Rule 11.
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