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Supreme Court of India 2021-03-12 allowed

Mallanaguoda and Ors vs Ninganagouda and Ors

Bench: 2 — L. Nageswara Rao

In Brief

After the intestate death of their father in 1981, the Plaintiff-Appellants sought partition of ancestral properties. The Trial Court granted them 1/8th share of suit properties, affirmed by the First Appellate Court. However, the High Court set aside this decision, contending land in Block No.5 had non-agricultural potential and should be differently partitioned. The Supreme Court held the High Court erred in reversing factual findings of the First Appellate Court—the final arbiter of facts—without substantial legal question or reasoned justification. The Court upheld the First Appellate Court's decree, allowing the appeal and restoring the Appellants' right to the allotted land partition.

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Family Law Succession Ancestral Property Partition Civil Procedure Appellate Jurisdiction

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