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Bombay High Court Dismisses Petition Challenging Tahsildar's Partition Action Under Section 54 CPC — Execution of Decree Not Dependent on Final Decree for Collector's Precept. The court held that the Collector can effect partition without a final decree, and the petitioners had opportunity to be heard.

The case involves a decree-holder (sister) who obtained a preliminary decree for partition of her parents' property in 2006, which was confirmed in ap...

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Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Not Disturbed. Plaintiff failed to prove title and encroachment over 2 gunthas of land; courts below held that defendant had acquired title by adverse possession.

The plaintiff, Kisanlal Maniklal Rathi, filed a suit for possession of 2 gunthas of land from survey no. 75/4-A at Nandura, claiming ownership through...

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Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Not Disturbed. Plaintiff failed to prove title and encroachment over 2 gunthas of land; courts below held that defendant had acquired title by adverse possession.

The plaintiff, Kisanlal Maniklal Rathi, filed a suit for possession of 2 gunthas of land from survey no. 75/4-A at Nandura, claiming ownership through...

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Karnataka High Court Reserves Judgment on Cross Appeals in Land Acquisition Act, 1894 Dispute. Court Considers Market Value Determination and Development Charges Deduction for Acquired Land.

The case involved cross appeals arising from a land acquisition compensation dispute under the Land Acquisition Act, 1894. The landowner, Nalini, owne...

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Bombay High Court Allows Lapse of Reservation Under Section 127 of MRTP Act for Land Reserved for Garden Since 1976 — Award Under Section 23 of RFCTLARR Act 2013 Quashed as Acquisition Not Completed Within Statutory Period

The petitioners, owners of land in Kankavali, challenged the reservation of their land for a garden under the Maharashtra Regional and Town Planning A...

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Bombay High Court Directs Payment of Compensation for Railway Encroachment on Private Land Without Acquisition. Petitioner's land used for railway line without acquisition proceedings; court orders compensation under RFCTLARR Act, 2013.

The petitioner, Sumit S/o Ashokkumar Bharadiya, filed a writ petition before the Bombay High Court at Aurangabad alleging that the Railway Authorities...

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Bombay High Court Allows State's Appeal in Land Acquisition Case, Reduces Compensation for Agricultural Land. Court Determines Market Value Based on Potential for Horticulture and Nearby Sale Instances, Applying Deductions for Development.

The case pertains to an appeal by the State of Maharashtra and a cross objection by the claimants (legal heirs of the original landowner) against the ...

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Bombay High Court Allows Revision Against Ex-Parte Decree in Possession Suit — Defendant Denied Opportunity to Cross-Examine Due to Non-Prosecution of Suit. Trial Court Erred in Dismissing Suit for Default and Then Restoring It Without Notice to Defendant, Violating Principles of Natural Justice.

The petitioner, original defendant in R.C.S. No. 96 of 2007, challenged the ex-parte decree passed by the Civil Judge, Junior Division, Chalisgaon. Th...