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Supreme Court and High Courts judgments on Partition suits

57 judgments, latest first, from 2018 to 2026. A judgment is listed here when its headnote names this subject: the Supreme Court Reports' own headnote (naming the subject), or an AI-written headnote that was reviewed and approved. A mention in the full text alone does not count, and criminal cases are not listed under this subject.

Krishna Kumar Ojha & Ors. vs Jitendra Chaudhary & Ors.
SC · 1 July 2026
[2026] 7 S.C.R. 504 : 2026 INSC 662
Whether the compromise as accepted by the Civil Court on 22.02.1994 was in accordance with Or.XXIII r.3 of Code of Civil Procedure, 1908 or not.
Darubai & Anr. vs Kamalabai & Ors.
SC · 1 June 2026
[2026] 7 S.C.R. 1 : 2026 INSC 613
Whether the defendant could avail the ground of legal necessity as ‘karta’ of the family, and whether the parties to the lis, would succeed to the suit properties as tenants in common or joint tenants, since their rights…
Jennifer Messias vs Leonard G Lobo
SC · 18 May 2026
[2026] 6 S.C.R. 410 : 2026 INSC 502
Whether the Decree in question is a simple Preliminary Decree, or whether the Trial Court, made it both a Preliminary and a Final Decree; whether the same could be put to Execution; whether the High Court erred in interd…
Dorairaj vs Doraisamy (Dead) Through Lrs & Ors.
SC · 5 February 2026
[2026] 2 S.C.R. 545 : 2026 INSC 126
Whether the High Court exercised its power with restraint and precision by granting limited relief to the Appellant (D2) and whether it was justified in affirming the judgment and decree of the First Appellate Court enti…
P. Anjanappa (D) By Lrs vs A.P. Nanjundappa & Ors.
SC · 6 November 2025
[2025] 11 S.C.R. 423 : 2025 INSC 1286
Issue arose whether the registered release deeds are valid and binding, and if so, what is their legal effect on the membership and share entitlements of plaintiff no. 2 and defendant no. 3; whether the document styled a…
Malleeswari vs K. Suguna and Another
SC · 8 September 2025
[2025] 9 S.C.R. 574 : 2025 INSC 1080
Whether the order impugned conforms to the scope of review of an order u/s.114 and Or.47 of CPC.
Pandurangan vs T. Jayarama Chettiar & Anr.
SC · 14 July 2025
[2025] 7 S.C.R. 488 : 2025 INSC 825
Whether objection of res judicata can be taken to bar the suit u/Or.VII, R.11, CPC.
Smt. Shaifali Gupta vs Smt. Vidya Devi Gupta & Ors.
SC · 20 May 2025
[2025] 7 S.C.R. 69 : 2025 INSC 739
Issue arose as to the correctness of the order passed by the court of first instance as well as the High Court rejecting the application u/Ord.VII r.11 CPC; and whether the property in respect of which the suit, claim or…
Saroj Salkan vs Huma Singh & Ors.
SC · 6 May 2025
[2025] 6 S.C.R. 210 : 2025 INSC 632
Matter pertains to the correctness of the dismissal of the partition suit u/Ord.XII r.6 CPC by the Single Judge of the High Court based on the admission, and that too on its own motion without an application being filed…
Smt. Uma Devi and Ors. vs Sri. Anand Kumar and Ors.
SC · 2 April 2025
[2025] 4 S.C.R. 521 : 2025 INSC 434
Whether the High Court was correct in remanding the matter back to the trial court, when trial court had allowed the application of the defendants/appellants u/Or.7 r.11 CPC, and dismissed the suit for partition filed by…
Sri Mahesh vs Sangram & Ors.
SC · 2 January 2025
[2025] 1 S.C.R. 62 : 2025 INSC 14
Issue arose whether by virtue of operation of the provisions of ss. 14(1) and 12(c) of the Hindu Succession Act, 1956, the defendant no.1-adoptive mother would become absolute owner of the property prior to the adoption…
Abdul Rejak Laskar vs Mafizur Rahman & Ors.
SC · 20 December 2024
[2024] 12 S.C.R. 1911 : 2024 INSC 1023
The High Court held that the s.154(1)(e) of the the Assam Land and Revenue Regulation, 1886 bars the civil court from exercising its jurisdiction; whether the High Court committed any error in taking view that the suit f…
Jayashree Jayanth vs N. Krishnaswamy
Karnataka HC · 22 October 2024
This Regular First Appeal was filed under Order XLI Rule 1 read with Section 96 of the Code of Civil Procedure, challenging the judgment and decree dated 05.07.2016 passed in O.S. No. 6285/2008 by the XXXVII Additional C…
Renjith K.G. & Others vs Sheeba
SC · 14 October 2024
[2024] 10 S.C.R. 1359 : 2024 INSC 773
Whether a pendente lite transferee, a stranger to the suit can file application under Order XXI Rule 99, Code of Civil Procedure, 1908 seeking re-delivery after dispossession.
Santhakumari,(Died) Legal Heirs vs Mohanan
Kerala HC · 13 September 2024
These Regular Second Appeals arose from OS No.541/1987 of the Principal Munsiff's Court, Thiruvananthapuram, which was a suit for partition. RSA No.868/2017 challenged the Preliminary Decree dated 30.08.1994, while RSA N…
Smt Saroja Devi vs Sri N Krishna Murthy
Karnataka HC · 22 August 2024
This is a Regular First Appeal filed by the unsuccessful plaintiff No. 2 (appellant), challenging the judgment and decree passed by the III Additional City Civil Judge, Bangalore City in O.S. No. 1563/1996, which dismiss…
Rajinder Kaur (Deceased) Through Legal Heir Usha vs Gurbhajan Kaur (Deceased) Through Lrs. Upinder Kaur and Others
SC · 23 July 2024
[2024] 7 S.C.R. 1417 : 2024 INSC 552
Suit for partition of the joint property was filed by the appellantplaintiff. High Court whether justified in passing the impugned judgment holding that defendant No.3(a) and defendant Nos.15 to 19 (subsequent buyers) we…
Mukatlal vs Kailash Chand (D) Through Lrs. and Ors.
SC · 16 May 2024
[2024] 6 S.C.R. 298 : 2024 INSC 428
Matter pertains to the right of the legal heir of Hindu widow to enforce her right of succession in the unpartitioned Joint Hindu Family property by virtue of s. 14(1) of the Hindu Succession Act, 1956.
Kizhakke Vattakandiyil Madhavan (Dead) Thr. Lrs. vs Thiyyurkunnath Meethal Janaki and Ors
SC · 9 April 2024
[2024] 4 S.C.R. 383 : 2024 INSC 287
Issue arose whether wife, on her remarriage had any title over the property derived from her first husband, which her son from the second husband, claimed through the series of transactions.
Jugal Kishore Khanna (D) Thr. Lrs. & Anr. vs Sudhir Khanna & Ors.
SC · 19 March 2024
[2024] 3 S.C.R. 838 : 2024 INSC 224
Whether the High Court erred in finding without any evidence that the amount alleged to have been paid as the value of share in Joint Hindu Family property is not so but for some other purpose.
Basavaraj vs Indira and Others
SC · 29 February 2024
[2024] 2 S.C.R. 935 : 2024 INSC 151
High Court, if justified in allowing the amendment application, changing the nature of suit from partition to declaration.
M/s Trinity Infraventures Ltd. & Ors. etc. vs M. S. Murthy & Ors. etc.
SC · 15 June 2023
[2023] 8 S.C.R. 283 : 2023 INSC 581
Suit – Partition suit – Decree – Preliminary decree – Mathruka property – Whether on facts, the Division Bench of the High Court was right in declaring that the preliminary decree dated 28.06.1963 was vitiated by fraud a…
Prasanta Kumar Sahoo & Ors. vs Charulata Sahu & Ors.
SC · 29 March 2023
[2023] 5 S.C.R. 20 : 2023 INSC 319
PRASANTA KUMAR SAHOO & ORS. v. CHARULATA SAHU & ORS. (Civil Appeal No. 2913-2915 of 2018) MARCH 29, 2023 [A. S. BOPANNA AND J. B. PARDIWALA, JJ.] Hindu Succession Act, 1956– Amendment in law governing the parties – Parti…
Ganesh Prasad vs Rajeshwar Prasad and Ors.
SC · 14 March 2023
[2023] 6 S.C.R. 893 : 2023 INSC 228
Code of Civil Procedure, 1908 – Or. VI, R.17 – Or. IX, R.8,9 – Respondent-plaintiff instituted a suit against the appellantdefendant for a declaration that respondents are the lawful owners of the suit property and decre…
Elumalai @ Venkatesan & Anr. vs M. Kamala and Ors. & etc.
SC · 25 January 2023
[2023] 1 S.C.R. 261 : 2023 INSC 83
Release Deed – Effect of – Spes Successionis – Estoppel – Warding off, of estoppel by heirs of the person whose conduct created the estoppel – Impropriety of – Dispute regarding selfacquired property of ‘S’ – ‘S’ had mar…
Gitabai Maruti Raut (Dead) through Lr. & Ors. vs Pandurang Maruti Raut (Dead) through Lrs. & Ors.
SC · 11 August 2022
[2022] 6 S.C.R. 1068 : 2022 INSC 817
Suit – For partition – Joint Family ancestral property – A suit for partition in the Joint Family Property was filed by plaintiff for the properties situated in two villages-1 and 2 – ‘B’ was the common ancestor and left…
Kattukandi Edathil Krishnan & Anr. vs Kattukandi Edathil Valsan & Ors.
SC · 13 June 2022
[2022] 7 S.C.R. 1120 : 2022 INSC 643
KATTUKANDI EDATHIL KRISHNAN & ANR. v. KATTUKANDI EDATHIL VALSAN & ORS. (Civil Appeal No(s). 6406-6407 of 2010) JUNE 13, 2022 [S. ABDUL NAZEER AND VIKRAM NATH JJ.] Evidence Act, 1872 – s.114 – Share in coparcenary propert…
Mrs. Umadevi Nambiar vs Thamarasseri Roman Catholic Diocese Rep by Its Procurator Devssia’s Son Rev. Father Joseph Kappil
SC · 1 April 2022
[2022] 5 S.C.R. 579 : 2022 INSC 381
Transfer of Property Act, 1882: ss. 41, 3 – Power of Attorney – Alienation of Property – In the instant case the appellant executed a general Power of Attorney in favour of her sister – After sometime the said power of a…
Swarnalatha & Ors. vs Kalavathy & Ors.
SC · 30 March 2022
[2022] 1 S.C.R. 847 : 2022 INSC 372
Will – Suspicious circumstances surrounding execution of the Will – Plea of – Tenability – Two separate Wills left behind by a married couple (testators) – Both spouses executed a Will each – Appellants are the successor…
Azgar Barid (D) by Lrs. vs Mazambi @ Pyaremabi and Others
SC · 21 February 2022
[2022] 3 S.C.R. 1099 : 2022 INSC 210
Appeal – Second Appeal – Suit for partition – Objection of appellant-defendant that since plaintiff Nos.4 to 8, whose claim was denied by the trial court and who had not challenged the same by way of appeal, were not ent…

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