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1 - 9 of 9 (0.85 seconds)The Hindu Succession Act, 1956
The Urban Land (Ceiling And Regulation) Act, 1976
Article 59 in Constitution of India [Constitution]
The Code of Civil Procedure, 1908
The Limitation Act, 1963
Smt. Krishnabai Bhritar Ganpatrao ... vs Appasaheb Tuljaramarao Nimbalkar And ... on 31 July, 1979
18. Admittedly, in the instant case, partition was
effected in the year 1956, 1974 and 1997. Plaintiff Nos.1
and 2 and defendant have affixed their signature on the
said document and on the strength of the partition deeds,
the names of the respective parties are entered in the
records as well as in the Municipal records at Dharwad.
The parties have acted upon on the said partition deeds. It
is the case of the plaintiffs that partition effected between
plaintiff Nos.1 and 2 and defendants is unequal. The said
partition effected on 3 occasions i.e., 1956, 1974 and
1997. The plaintiffs have not raised objections on the
ground that partition effected between the parties is
unequal till 2007. The Hon'ble Apex Court in the case of
Smt.Krishnabai Bhritar Gapatarao Deshmukh vs.
Appasaheb Tulajaramarao Nimbalkar and Others
reported in (1979) 4 SCC 60 and in the case of
Parvathamma and Others vs. Venkatsivamma and
Azeez Sait `Dead' By L.Rs. And Ors vs Aman Bai And Ors on 13 October, 2003
NC: 2023:KHC-D:6278-DB
RFA No. 100129 of 2017
challenging that the partition deed was nominal and not
intended to be acted upon. The Hon'ble Apex Court in the
case of Azeez Sait dead by Lrs. And Others vs. Aman
Bai and Others reported in (2003) 12 SCC 419, The
Hon'ble Apex Court in para 20 held as under:
Parvathamma vs Venkatsivamma . on 9 February, 2016
18. Admittedly, in the instant case, partition was
effected in the year 1956, 1974 and 1997. Plaintiff Nos.1
and 2 and defendant have affixed their signature on the
said document and on the strength of the partition deeds,
the names of the respective parties are entered in the
records as well as in the Municipal records at Dharwad.
The parties have acted upon on the said partition deeds. It
is the case of the plaintiffs that partition effected between
plaintiff Nos.1 and 2 and defendants is unequal. The said
partition effected on 3 occasions i.e., 1956, 1974 and
1997. The plaintiffs have not raised objections on the
ground that partition effected between the parties is
unequal till 2007. The Hon'ble Apex Court in the case of
Smt.Krishnabai Bhritar Gapatarao Deshmukh vs.
Appasaheb Tulajaramarao Nimbalkar and Others
reported in (1979) 4 SCC 60 and in the case of
Parvathamma and Others vs. Venkatsivamma and
1