Back
A. P. THAKER
Laxmanbhai Karshanbhai Patel – Appellant
Versus
LH of Decd. Ramilaben Alias Ramiben Karshanbhai Patel – Respondent
JUDGMENT :
1. The present appeal has been preferred under Section 100 of the Code of Civil Procedure, by original defendants against the decree and judgment dated 13.9.2021 passed by learned 2nd Additional District Judge, Ankleshwar, Bharuch, in Regular Civil Appeal No.40/2019 and judgment and decree dated 10.6.2019 passed by learned Principal Civil Judge, in Regular Civil Suit No.17 of 2012.
2. The appellants are the original defendants and the respondents herein are original plaintiffs in the suit. For the brevity and convenience, the parties are referred to in this order as per their character assigned to them before learned trial Court.
3. The plaintiff have instituted the Regular Civil Suit no.17 of 2012 before the Principal Civil Judge, Hansot, contending that they have not relinquished their rights of the properties mentioned in Schedule-I and Schedule-II of the plaint and prayed for declaration that they are having 2/3rd share in the joint property and also praying for injunction that the defendants may not sale, transfer, or alienate the property till the time the plaintiffs receive their share of the property. It is the further case of the plaintiff that both the parties are
Civil courts retain jurisdiction over non-agricultural properties in disputes involving agricultural claims, and cannot dismiss the entire plaint under Order 7 Rule 11 without evaluating all claims o....
A suit for partition filed after the limitation period is barred; knowledge of exclusion triggers the 12-year limit under the Limitation Act. Ancestral property cannot be alienated unilaterally by a ....
A suit for injunction is not maintainable when the defendant disputes title, necessitating a comprehensive suit for declaration and partition.
Plaint not rejected under Order VII Rule 11 CPC where averments disclose cause from challenge to recent mutations/sales based on alleged wrong entries post pre-statute tenancy relinquishment; jurisdi....
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
