Suit For Partition & Separate Possession Can't Be Rejected At Threshold On Ground Of Limitation: Karnataka High Court
2 years, 7 months ago

Suit For Partition & Separate Possession Can't Be Rejected At Threshold On Ground Of Limitation: Karnataka High Court

Live Law  

The Karnataka High Court has said that a suit for a primary relief of partition and separate possession cannot be rejected at the threshold citing Section 27 of the Limitation Act 1963. The petitioners herein contended that plaintiffs cannot deny the fact that they knew about execution of the relinquishment deed dated since 2016 and yet, the suit is filed after lapse of more than three years The High Court relied on Supreme Court's judgment in Vidya Devi alias Vidya Vati Vs. Prem Prakash and others where it was held that legislature has not prescribed any period of limitation for filing a suit for partition because partition an incident attached to the property and there is always a running cause of action for seeking partition by one of the co-sharers if and when he decides not to keep his share joint with other co-sharers. "Since filing of the suit is wholly dependent upon the will of the co-sharer, the period of limitation, specially the date or time from where such period would commence, could not have been possibly provided for by the legislature and, therefore, no such prescription is made in the law of limitation, as far as suits for partition are concerned." Then it opined, "Since filing of the suit is wholly dependent upon the will of the co-sharer, the period of limitation, specially the date or time from where such period would commence, could not have been possibly provided for by the legislature and, therefore, no such prescription is made in the law of limitation, as far as suits for partition are concerned."

Law Court Partition Limitation Rejection Suit Defendants Karnataka High Rejected Plaint Deed Relinquishment Separate Possession Two Prayers  ground  relinquishment  plaint  suit  defendants  limitation  rejected  possession  threshold  law  karnataka  high  partition  rejection  separate  deed

History of this topic

Plea For Amendment To Partition Suit During Pendency Of Trial Cannot Be Denied On Technicalities: Andhra Pradesh High Court
2 weeks ago

Plea For Amendment To Partition Suit During Pendency Of Trial Cannot Be Denied On Technicalities: Andhra Pradesh High Court

Live Law  

A single judge bench of the Andhra Pradesh High Court comprising Justice Ravi Nath Tilhari has ruled that in a partition suit, a plaintiff may not always be aware of all the ancestral properties to be partitioned. The ruling came in a case where a Civil Revision Petition was filed before the High Court challenging an order passed by the …

Special court for land-grab cases has no power to try IPC offences: Karnataka High Court
2 months, 1 week ago

Special court for land-grab cases has no power to try IPC offences: Karnataka High Court

The Hindu  

The special court for land-grab cases has no power to try offences under the Indian Penal Code as per the provisions of the Karnataka Land Grabbing Prohibition Act, 2011, said the High Court of Karnataka. Sandesh passed the order while terming as “not correct” the decision of the special court, which had held that it has the power to try …

Assam Land and Revenue Regulation -Conferring Power To Execute Partition On Revenue Authorities Doesn't Bar Civil Court's Jurisdiction To Decide Rights : Supreme Court
Trending News
2 months, 3 weeks ago

Assam Land and Revenue Regulation -Conferring Power To Execute Partition On Revenue Authorities Doesn't Bar Civil Court's Jurisdiction To Decide Rights : Supreme Court

Live Law  

The Supreme Court recently ruled that even though a statute vests an exclusive jurisdiction with the revenue authorities to enforce and execute the partition, it cannot limit the civil court's jurisdiction to decide the contentious issues regarding the declaration of rights, title, and interest over the suit property. Challenging the First Appellate Court's decision, the respondent-defendant filed a second appeal …

Right To Relief Lost: Karnataka High Court Dismisses Plea Filed After 44 Yrs Challenging Land Acquisition Proceedings From 1978
8 months, 1 week ago

Right To Relief Lost: Karnataka High Court Dismisses Plea Filed After 44 Yrs Challenging Land Acquisition Proceedings From 1978

Live Law  

Observing that “Forty four years is too long a time to maintain legal action. With passage of such protracted time, the right to relief is lost,” the Karnataka High Court dismissed an appeal filed by an appellant questioning the land acquisition proceedings initiated and completed in the year 1978. A division bench of Chief Justice N V Anjaria and Justice …

[Forgery Of Will] Criminal Proceedings Cannot Be Obliterated Merely Because An Issue Appears To Be Civil In Nature: Karnataka High Court
8 months, 2 weeks ago

[Forgery Of Will] Criminal Proceedings Cannot Be Obliterated Merely Because An Issue Appears To Be Civil In Nature: Karnataka High Court

Live Law  

The Karnataka High Court has refused to quash a case of cheating registered against a mother and son who are alleged of fabricating documents in order to acquire title in a property. A single judge bench of Justice M Nagaprasanna dismissed the petition filed by Vanitha and Venkatesh M and said, “It is no law that merely because an issue …

S.125 CrPC | Daughter-In-Law Cannot Seek Maintenance From Parents-In-Law: Karnataka High Court
1 year ago

S.125 CrPC | Daughter-In-Law Cannot Seek Maintenance From Parents-In-Law: Karnataka High Court

Live Law  

The Karnataka High Court has held that under Section 125 of the Criminal Procedure Code, a daughter-in-law cannot lay a claim for maintenance against her parents-in-law. The petitioners argued that the learned Magistrate lacked jurisdiction to try the petition filed by the respondents herein under Section 125 of Cr.P.C., and sought for allowing the revision petition. So also minor children …

Proposed Purchaser Of Joint Family Property Cannot Be Impleaded As Party Respondent In Suit For Partition: Karnataka High Court
1 year, 2 months ago

Proposed Purchaser Of Joint Family Property Cannot Be Impleaded As Party Respondent In Suit For Partition: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that a proposed purchaser of a joint family property cannot be impleaded as a party respondent in a suit for partition and separate possession between family members. A single judge bench of Justice M G Uma set aside the trial court order allowing one Murugan to be impleaded in the suit between …

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court
1 year, 5 months ago

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court

Live Law  

The Karnataka High Court has dissolved the marriage between a couple, as the wife did not join the company of the husband even after the trial court passed an order for restitution of conjugal on an application filed by the husband. On going through the records the bench noted that the appellant/husband issued legal notice back in 2016 calling upon …

Distribution Of State Largesse Must Be Reasonable, Policies Cannot Be Construed By Keeping Common Sense In "Cold Storage": Karnataka High Court
2 years, 7 months ago

Distribution Of State Largesse Must Be Reasonable, Policies Cannot Be Construed By Keeping Common Sense In "Cold Storage": Karnataka High Court

Live Law  

State instrumentalities under Article 12 of the Constitution cannot act arbitrarily or unreasonably whilst considering the claim of citizens for the grant of State largesse, the Karnataka High Court has said. A single judge bench of Justice Krishna S Dixit allowed the petition filed by a woman H. Gayathri seeking a direction to consider her application for awarding the retail …

Properties Given As Dowry To Be Included In Partition Suit Instituted By Daughter Under Hindu Succession Act: Karnataka High Court
3 years, 1 month ago

Properties Given As Dowry To Be Included In Partition Suit Instituted By Daughter Under Hindu Succession Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that the properties which had been given as dowry or otherwise at the time of marriage of the daughter, would be amenable for partition and the same will have to be included in a suit for partition, instituted by the daughter. A single judge bench of Justice Suraj Govindaraj said, "In a suit for …

Karnataka High Court Monthly Digest: January 2022
3 years, 1 month ago

Karnataka High Court Monthly Digest: January 2022

Live Law  

This digest contains all the important judgments and orders pertaining to Karnataka for the month of January 2022, covered by LiveLaw. 1: JLR Is State Owned Company, Not Required To Obtain Permission Of Central Govt For Construction Within Reserve Forest: Karnataka High Court Case Title: PS Mohan v. State Of Karnataka Citation: 2022 LiveLaw 1 The Karnataka High Court said …

Order XII Rule 6 CPC| Application For Judgment On Admissions May Be Filed At Any Stage Of Suit: Karnataka High Court
3 years, 3 months ago

Order XII Rule 6 CPC| Application For Judgment On Admissions May Be Filed At Any Stage Of Suit: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that a decree can be passed under Order XII Rule 6 of Code of Civil procedure at any stage of the suit where admissions of facts have been made either in the pleadings or otherwise. Mudagal quashed the order of the Trial Court, by which it had rejected the application made by petitioners under …

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