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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.

B. R. Patil vs Tulsa Y. Sawkar & Ors.
SC · 9 February 2022
[2022] 13 S.C.R. 569 : 2022 INSC 165
Code of Civil Procedure, 1908 -Order II r.2,3 - Joinder of causes of action – Order II r. 3 does not compel a plaintiff to join two or more causes of action in a single suit - The failure to join together all claims aris…
K. Arumuga Velaiah vs P.R. Ramasamy and Anr.
SC · 27 January 2022
[2022] 11 S.C.R. 692 : 2022 INSC 103
Code of Civil Procedure, 1908 – Res Judicata –Registration Act, 1908 – s.17 – One ‘PS’ had two wives – From his first wife, he had 4 daughters and a son (first defendant) and through his second wife he had two sons; seco…
Ravinder Nath Agarwal vs Yogender Nath Agarwal & Ors.
SC · 12 February 2021
[2021] 3 S.C.R. 881 : 2021 INSC 86
Transfer Petition – Testamentary proceedings were initiated much after the partition suit – Two transfer petitions filed seeking transfer of partition suit from Delhi to Nainital, Uttarakhand and of testamentary case fro…
Venigalla Koteswaramma vs Malempati Suryamba & Ors.
SC · 19 January 2021
[2021] 1 S.C.R. 725 : 2021 INSC 27
Partition: Suit for partition – Maintainability of – Plaintiff and defendants Nos. 1 to 3 were co-sharer – Claim for partition was in respect of property of their step-mother – Defendant no.4 was brother of step mother –…
V. Kalyanaswamy (D) by Lrs. & Anr. vs L. Bakthavatsalam (D) by Lrs. & Ors.
SC · 17 July 2020
[2020] 9 S.C.R. 619 : 2020 INSC 455
Hindu Succession Act, 1956 – Death before enactment of – Effect of – One ‘RVN’ had two sons (‘LN’ and ‘RN’) and five daughters – ‘LN’ had four sons – ‘RN’ was married to ‘RK’, they did not have any issue – ‘RN’ passed aw…
Aruna Oswal vs Pankaj Oswal & Ors.
SC · 6 July 2020
[2020] 7 S.C.R. 476 : 2020 INSC 448
Companies Act, 2013 – ss. 241 and 242 – Respondent no. 1 C filed a partition suit claiming entitlement to one-fourth of the estate/shares of his father – The High Court directed status quo between the parties and the sai…
Triloki Nath Singh vs Anirudh Singh (D) Thr. Lrs. & Ors.
SC · 6 May 2020
[2020] 4 S.C.R. 650 : 2020 INSC 385
Code of Civil Procedure, 1908 – Or. 23, r. 3 A – The appellantplaintiff, stranger to a Compromise decree, filed suit seeking a declaration that the Compromise decree by the High Court on 15.09.1994 in the second appeal w…
Sajan Sethi vs Rajan Sethi
SC · 2 March 2020
[2020] 3 S.C.R. 1082 : 2020 INSC 249
Partition: Parties to the suit are two brothers – Suit property devolved on them in terms of the will by their mother – As per the will, the ground floor portion was bequeathed to the respondentplaintiff, the first floor…
C. Doddanarayana Reddy (Dead) by Lrs. & Ors. vs C. Jayarama Reddy (Dead) by Lrs. & Ors.
SC · 14 February 2020
[2020] 1 S.C.R. 627 : 2020 INSC 185
Evidence Act, 1872: s.35 – Entry recording date of birth in school register – Suit for partition and separate possession of share in suit property based on claim that plaintiff was minor at the time of death of his fathe…
M/s. Z. Engineers Construction Pvt. Ltd. & Anr. vs Bipin Bihari Behera & Ors.
SC · 14 February 2020
[2020] 1 S.C.R. 644 : 2020 INSC 196
M/S. Z. ENGINEERS CONSTRUCTION PVT. LTD. & ANR. v. BIPIN BIHARI BEHERA & ORS. (Civil Appeal No. 1627 of 2020) FEBRUARY 14, 2020 [S. ABDUL NAZEER AND HEMANT GUPTA, JJ.] Stamp Act, 1899 (as amended by Orissa Act no.1 of 20…
Raj Kumari and Others vs Surinder Pal Sharma
SC · 17 December 2019
[2019] 18 S.C.R. 872 : 2019 INSC 1388
Indian Succession Act – cl(c) to s.63 – Will – Evidence Act, 1872 – ss. 68 and 71 – ‘H’ applied for a two room accomodation – ‘H’ died – Wife of ‘H’ was issued allotment letter of the said two room tenement – Thereafter,…
Santosh Chaturvedi vs Kailash Chandra & Anr.
SC · 15 November 2019
[2019] 17 S.C.R. 76 : 2019 INSC 1252
SANTOSH CHATURVEDI v. KAILASH CHANDRA & ANR. (Civil Appeal No. 6572 of 2010) NOVEMBER 15, 2019 [R. BANUMATHI, A. S. BOPANNA AND HRISHIKESH ROY, JJ.] U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 19…
Manju Puri vs Rajiv Singh Hanspal & Ors.
SC · 14 November 2019
[2019] 13 S.C.R. 829 : 2019 INSC 1244
Succession Act, 1925: ss. 268, 283, 276 – Probate of Will – Revocation of – Issuance of citation to legal heirs – Requirement of – On facts, testator executed a Will bequeathing immovable property to his eldest daughter…
Vithaldas Jagannath Khatri (D) through Shakuntala alias Sushma & Ors. vs The State of Maharashtra Revenue and Forest Department & Ors.
SC · 29 August 2019
[2019] 11 S.C.R. 913 : 2019 INSC 976
Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961: ss.8, 10, 11, 21, 44B – Ceiling limits – Partition Deed dated 31.01.1970 (duly registered on 1.07.1970) executed between appellant, his wife, minor son and…
Chaman Lal (D) Thr. Lrs. vs Kamlawati (D) Thr. Lrs.
SC · 16 July 2019
[2019] 9 S.C.R. 1071 : 2019 INSC 762
Punjab Court Act, 1918 – ss. 41 and 42 – Jurisdiction of High Court – Exercise of – Execution of gift deed by the son-original owner bequeathing land in favour of his step mother – Suit for partition by original owner, c…
Pharez John Abraham (Dead) by Lrs. vs Arul Jothi Sivasubramaniam K. & Others
SC · 2 July 2019
[2019] 9 S.C.R. 10 : 2019 INSC 713
Family Law – Christian Law – Adoption – Share of adopted child in the property – One ‘JDA’, died intestate leaving behind his wife (defendant no.1), two sons and two daughters, namely, the appellant-defendant no.2, ‘TKJ’…
R. S. Anjayya Gupta vs Thippaiah Setty & Ors.
SC · 1 July 2019
[2019] 8 S.C.R. 869 : 2019 INSC 699
Code of Civil Procedure, 1908 – s.96 and Or.41,r. 31 – Respondent no.1 (original plaintiff) filed a suit for partition of certain properties against appellant (defendant no.1), respondent no.2 (defendant no.2), and origi…
Mangathai Ammal (Died) through Lrs and Others vs Rajeswari & Others
SC · 9 May 2019
[2019] 7 S.C.R. 619 : 2019 INSC 664
Benami transactions: Transactions, whether benami or not – Determination of – Held: Payment of part sale consideration cannot be the sole criteria to hold the sale/transaction as benami – Intention of the person who cont…
Bhivchandra Shankar More vs Balu Gangaram More & Ors.
SC · 7 May 2019
[2019] 7 S.C.R. 298 : 2019 INSC 643
BHIVCHANDRA SHANKAR MORE v. BALU GANGARAM MORE & ORS. (Civil Appeal No. 4669 of 2019) MAY 07, 2019 [R. BANUMATHI AND R. SUBHASH REDDY, JJ.] Code of Civil Procedure, 1908: Or. IX r. 13 and s. 96(2) – Setting aside decree…
Smt. P. Leelavathi (D) by Lrs vs V. Shankarnarayana Rao (D) by Lrs
SC · 9 April 2019
[2019] 6 S.C.R. 910 : 2019 INSC 495
Suit – Partition – Appellant-original plaintiff claimed 1/4th share in all the scheduled properties of her late father – Plaintiff alleged that defendants-her brothers refused to give her 1/4th share – Plaintiff filed su…
Raghwendra Sharan Singh vs Ram Prasanna Singh (Dead) by Lrs
SC · 13 March 2019
[2019] 4 S.C.R. 1069 : 2019 INSC 357
Code of Civil Procedure, 1908 – Or.7, r.11 – Father of the appellant (original plaintiff) and his brother jointly purchased the land in question and executed registered gift deed dtd. 06.03.1981 in favour of the appellan…
Sneh Lata Goel vs Pushplata & Ors.
SC · 7 January 2019
[2019] 1 S.C.R. 463 : 2019 INSC 22
Code of Civil Procedure, 1908 – ss.21 and 47 – Partition suit was instituted – Final decree was passed confirming the preliminary decree – Further, supplementary final decree was also passed – Appellant filed proceedings…
Govindammal (Dead) by Lrs. and Ors. vs Vaidiyanathan and Ors.
SC · 23 October 2018
[2018] 11 S.C.R. 1092 : 2018 INSC 974
Suit: Suit for declaration of title and permanent injunction for restraining the defendants from entering ‘A Schedule’ property (which is 50% of ‘B Schedule’ property) – In the alternative partition of half share in ‘B S…
Mangammal @ Thulasi and Anr. vs T.B. Raju and Ors.
SC · 19 April 2018
[2018] 6 S.C.R. 776 : 2018 INSC 372
MANGAMMAL @ THULASI AND ANR. v. T.B. RAJU AND ORS. (Civil Appeal No. 1933 of 2009) APRIL 19, 2018 [R. K. AGRAWAL AND ABHAY MANOHAR SAPRE, JJ.] Hindu Succession Act, 1956 – s.29-A – Right of daughter in coparcenary proper…
Sita Ram Bhama vs Ramvatar Bhama
SC · 23 March 2018
[2018] 10 S.C.R. 503 : 2018 INSC 260
Registration Act, 1908 – ss.17 and 49 – Admissibility of document in evidence – Appellant-plaintiff and respondentdefendant after death of their father, recorded a memorandum of settlement as decided by their father rega…
Danamma @ Suman Surpur & Anr. vs Amar and Ors.
SC · 1 February 2018
[2018] 2 S.C.R. 553 : 2018 INSC 84
Hindu Succession (Amendment) Act, 2005 – s.6 – Applicability of – One ‘GS’ died in 2001 leaving behind his widow, two daughters (appellants) and two sons, including ‘AK’ – Suit for partition filed by respondent no.1 (son…
H. V. Nirmala & Anr. vs R. Sharmila & Anr.
SC · 25 January 2018
[2018] 1 S.C.R. 347 : 2018 INSC 60
Will: Suit for partition by defendant No. 1 against defendant Nos. 2 and 3 – Based on a Will dated 20.5.1995 – Compromised – Present suit by plaintiff for declaration that the compromise decree was not binding on her and…

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