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Supreme Court Of India

(From : Karnataka)*

Hon'ble Judge(s): Satya Brata Sinha, Dalveer Bhandari , JJ

(A) Hindu Law - Valid adoption - Performance of 'datta homam' was imperative, subject to just exceptions - Adoption of a daughter is impermissible in law. (Para 25 27 30) (B) Civil P.C. (5 of 1908) , O.39 R.1, O.39 R.2— Application for injunction - Finding on 'prima facie case' - Would be a finding of fact - However, while arriving at such finding of fact, Court not only must arrive at a conclusion that a case for trial has been made out but would consider question in regard to balance of convenience of parties as also irreparable injury which might be suffered by plaintiffs if prayer for injunction is to be refused - While making endeavours to find out a prima facie case, in partition suit the Court could take into consideration extent of plaintiffs' share in property, if any - Court would take into consideration as to whether plaintiffs have pre-varicated their stand from stage to stage. (Para 27 29 31 38) .....