Search Results for "Section 6 Specific Relief Act"

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Search Results for "Section 6 Specific Relief Act"

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High Court

Bombay High Court Dismisses MIDC Revision Against Restoration of Possession Under Section 6 Specific Relief Act. Suit for Possession Based on Prior Possession Maintainable Even Against Statutory Corporation Acting Under Court Orders.

6 Oct 2016

The Maharashtra Industrial Development Corporation (MIDC) filed a Civil Revision Application challenging the order of the City Civil Court Judge, Mumb...

High Court

Bombay High Court Allows Second Appeal in Property Possession Dispute — Sale Deed Interpretation and Possessory Title. Court held that the plaintiff failed to prove possession of the first floor at the time of sale and that the suit for possession based on title alone without prior possession is not maintainable under Section 6 of the Specific Relief Act, 1963.

7 Jun 2016

The case involves a second appeal filed by the original defendant (Shriram Thakur, since deceased, through his legal representatives) against the judg...

High Court

Bombay High Court Dismisses Second Appeal in Property Possession Suit — Upholds Concurrent Findings of Ownership and Licence Termination. Court holds that a licencee cannot claim adverse possession against the licensor and that a suit for possession without declaration of title is maintainable when the plaintiff's title is not in dispute.

29 Apr 2014

The case involves a property dispute over a house in Nagpur. The respondents (original plaintiffs) are the legal heirs of Laxman Meshram, who purchase...

High Court

Bombay High Court Upholds Decree for Restoration of Possession Under Section 6 of Specific Relief Act, 1963 — Trial Court's Finding on Ownership Held Without Jurisdiction. Court sets aside finding on ownership but confirms decree as plaintiffs proved prior possession and wrongful dispossession.

5 Jul 2013

The case involves a Civil Revision Application filed by the original defendant against a decree passed by the learned Joint Civil Judge, Senior Divisi...

High Court

Bombay High Court Allows Appeal Against Execution Order in Section 6 Specific Relief Act Suit — Bar Under Section 6(3) Does Not Apply to Execution Proceedings Under Order XXI CPC. Appeal Under Order XXI Rule 103 CPC Held Maintainable as Execution Order Is Not a Decree in the Suit.

27 Sep 2011

The appellant, an obstructionist, challenged a judgment and order dated 7 December 2009 passed by the City Civil Court, Mumbai, which made absolute a ...

High Court

Bombay High Court Dismisses Revision Application Against Decree Under Section 6 Specific Relief Act as Not Maintainable Under Section 115 CPC. Decree in suit for possession based on prior possession is not amenable to revision as no appeal lies and revision is barred by Section 115(2) CPC.

31 Mar 2006

The case involves a Civil Revision Application filed by Sau. Sangita Sunil Bhardiya (applicant) against Rajendra Babulal Sarnot (respondent) challengi...

High Court

Bombay High Court Orders Restoration of Possession Under Section 6 of Specific Relief Act for Forcible Dispossession. Plaintiff Proved Prior Possession and Forcible Ouster by Defendant with Armed Men, Entitling Him to Summary Remedy Without Proof of Title.

11 Aug 2005

The plaintiff, Om Nath Chudamani Sharma, filed a suit under Section 6 of the Specific Relief Act, 1963, seeking restoration of possession of Flat No. ...

High Court

Bombay High Court Allows Civil Revision in Suit for Possession Under Section 6 of Specific Relief Act, 1963 — Plaintiff's Dispossession Within Six Months Not Proved. Court holds that the plaintiff failed to establish his possession within six months prior to the alleged dispossession on 4-4-1979, and the suit was barred by limitation.

20 Jul 2005

The case involves a civil revision application filed by the defendant (Ramnath Magdum Yadav) against the decree passed by the City Civil Judge at Mumb...

High Court

Bombay High Court Allows Petition Challenging Rejection of Application Under Section 151 CPC for Consolidation of Suits — Civil Procedure Code, 1908, Section 151 — Consolidation of Suits. The court held that consolidation is permissible when common questions of law and fact arise and to avoid multiplicity of proceedings and conflicting decrees.

20 Jan 2005

The petitioner, Mrs. Ivy Muriet Fonseca, filed a writ petition challenging an order dated 17.7.2004 passed by the Civil Judge, Senior Division, 'C' Co...

High Court

Bombay High Court Allows Appeal Against Order Rejecting Plaint in Property Suit — Limitation Period for Suit Under Section 6 of Specific Relief Act, 1963 Is Six Months from Date of Dispossession, Not from Date of Knowledge. Plaint cannot be rejected under Order 7 Rule 11 CPC based on disputed facts regarding possession.

30 Nov -0001

The appellant, Ganpat Shankar Chougule, filed a suit in the Bombay City Civil Court seeking possession of a property under Section 6 of the Specific R...

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