Vitthalrao Marotirao Navkhare vs Nanibai (D) 2024 INSC 283 – Second Appeal – S 100 CPC –

Code Of Civil Procedure, 1908; Section 100 – Second Appeal – High Court acting in second appellate jurisdiction could not have arrived at a new finding of fact without any foundation being laid therefor. (Para 27)

Summary: Trial Court decreed the suit in part, holding that the plaintiff was entitled to partition and separate possession of a half-share in the agricultural land – The counter-claim of defendant Nos. 1 to 4 was accordingly decreed – Appellate Court held in favour of the plaintiff on all counts and decreed his suit in its entirety. The plaintiff was held to have a half-share in all the suit properties- High Court disposed of second appeal holding that some properties are excluded from partition – Allowing appeal, the First Appellate Court judgment was upheld by SC.

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