Gujarat High Court|Thursday, 5 February 2026
Gujarat HC Rejects Partition Challenge in Baria Ratansinh vs Baria Kaushalyaben
Bench
Hon'ble Mr. Justice Devan M. Desai
HONOURABLE DEVAN M. DESAI
Gujarat HC Rejects Partition Challenge in Baria Ratansinh vs Baria Kaushalyaben (2026) held that The court emphasized that the scope under Article 227 is limited to instances of legal error or arbitrariness in lower court decisions.
The case involves a petition filed by Baria Ratansinh Muljibhai challenging a partition decree that awarded half of a disputed land to Baria Kaushalyaben. The petitioner argued that the partition was unfair, as he received less valuable land compared to the respondent. The Gujarat High Court upheld the lower court's decision, stating that there was no merit in the petitioner's claims and that the appeal would be decided on its own merits. Consequently, the petition was rejected.
The court emphasized that the scope under Article 227 is limited to instances of legal error or arbitrariness in lower court decisions.
The rejection of the petition indicates that the court found no merit in the petitioner's claims regarding the unfair partition of land.
Regular Civil Suit No. 27 of 2021 filed
Preliminary decree passed by the trial court
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Appeal filed against the trial court's decree
Final judgment delivered by Gujarat High Court
