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Supreme Court of India 2020-01-14 remanded

GAJARABA BHIKHUBHA VADHER ORS vs SUMARA UMAR AMAD (D) THR LEGAL HEIRS

Bench: 3 — R. Banumathi, A.S. Bopanna, Hrishikesh Roy

In Brief

A property dispute concerned partition of ancestral land in Gujarat. The original plaintiff claimed a half-share, first through joint ownership and later through an alleged gift from his grandfather. The Trial Court dismissed the claim, but the Lower Appellate Court reversed and decreed the plaintiff's half-share. Subsequent purchasers challenged the appellate decree before the High Court, which admitted the appeal framing six substantial questions of law but then disposed of it without properly answering those questions, merely noting the parties' contentions. The Supreme Court held that the High Court failed to discharge its appellate duty and remitted the matter for proper reconsideration with reasoned answers to the framed questions and examination of confirmation deeds that may affect the purchasers' rights.

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Civil Procedure Partition Property Law Transfer of Property Appellate Procedure Substantial Questions of Law

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