Search Results for "Constructive possession"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "Constructive possession"

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High Court

Bombay High Court Considers Appeal Against Single Judge's Order in Insolvency Petition Involving Disputed Possession of Flat. The Appeal Challenges Disposal of Motions by Official Assignee and Secured Creditor Under SARFAESI Act.

28 Mar 2011

The appeal arose from an order passed by a Single Judge of the Bombay High Court disposing of two notices of motion and a report in an insolvency peti...

Supreme Court

Supreme Court Allows Appeal in Family Property Dispute Over Compromise Decree Registration. Compromise Decree Arising from Family Settlement Does Not Require Compulsory Registration Under Section 17(2)(vi) of Registration Act, 1908, as Parties Had Pre-existing Rights as Heirs.

6 Jul 2021

The dispute involved two sons of late Vijendra Singh contesting ownership of ancestral land. The appellant filed a suit for possession in 1978, disput...

High Court

Madras High Court Upholds Preliminary Decree for Partition in Favour of Daughter in Hindu Succession Act Case. Court holds that Will executed after testator's death is invalid and settlement deed after pre-suit notice is not binding.

30 Mar 2026

The case involves a partition suit filed by M. Kowsalyadevi (plaintiff) against her father (second defendant) and other family members, seeking a 1/8t...

High Court

Bombay High Court Dismisses Revision Application in Eviction Suit — Tenant's Right to Contest Decree Not Extinguished by Consent Terms. State Trading Corporation of India Ltd. held not entitled to challenge eviction decree under Order 23 Rule 3A CPC as consent terms were not shown to be unlawful or void.

2 Dec 2025

The case involves a Civil Revision Application filed by the State Trading Corporation of India Ltd. (the applicant/original defendant) against an orde...

High Court

Bombay High Court Allows Second Appeal in Muslim Co-heirs Partition Dispute, Remands for Fresh Consideration on Regranted Property and Res Judicata Issues. The court held that a suit for partition of shares of Muslim co-heirs is maintainable and regranted property can be partitioned, but remanded for fresh findings on res judicata and the nature of regranted property.

6 Oct 2018

The case involves a second appeal arising from a partition suit filed by Gafur Bapu Patel (original plaintiff) against his co-heirs, seeking separatio...

High Court

Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit for Specific Performance — Transfer of Property Act, 1882 Section 52 Does Not Bar Transfer Pendente Lite, But Purchaser Must Be Heard Before Final Decree. The court held that a subsequent purchaser of suit property is a necessary and proper party under Order 1 Rule 10 CPC, and amendment of plaint under Order 6 Rule 17 CPC to incorporate subsequent events should be allowed.

9 Oct 2014

The appeal arises from a suit for specific performance of an agreement to sell a property. The original plaintiffs (appellants) filed Suit No.1241 of ...

High Court

Bombay High Court Partially Dismisses Petition Challenging Rejection of Amendment in Partition Suit — Amendment Sought After Commencement of Trial Disallowed as It Would Change Nature of Suit Under Order VI Rule 17 CPC

17 Dec 2021

The petitioner, Raju Danchand Bardia, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 13th October 202...

High Court

Karnataka High Court Decides Regular First Appeal Arising from Dismissal of Suit for Declaration of Property Ownership. Property Originally Allotted to a Swamiji Under Mysore Government Scheme and Later Subject to Litigation Over Inheritance and Alleged Fraud.

28 Mar 2014

The appeal arose from the dismissal of a suit for declaration of ownership of immovable property situated in Bangalore. The original plaintiff, C.R. H...

Supreme Court

Supreme Court Allows Appeal in Civil Suit Challenging Tenancy Proceedings, Remands for Trial on Limitation and Jurisdiction. Plaint Rejection Under Order VII Rule 11(d) CPC Set Aside as Limitation and Civil Court Bar Under Section 85 of Maharashtra Tenancy and Agricultural Lands Act, 1948 Are Triable Issues Requiring Evidence.

17 Sep 2021

The dispute originated from a civil suit filed in 1987 by 13 plaintiffs claiming to be legal representatives of Haji Ali Mohammed Hajee Kassam Agboatw...

High Court

Bombay High Court Full Bench Considers Maintainability of Suit Against Gratuitous Licensee Under Section 41 of Presidency Small Cause Courts Act, 1882. Dispute Arises from Eviction Suit Filed Before Small Cause Court, Challenged for Lack of Jurisdiction Over Gratuitous Licence.

10 Jul 2007

The dispute arose from a suit for eviction filed in the Court of Small Causes at Bombay under section 41 of the Presidency Small Cause Courts Act, 188...

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