Search Results for "possession and enjoyment"

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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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "possession and enjoyment"

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High Court

Bombay High Court Dismisses Application for Condonation of Delay and Setting Aside Abatement in Second Appeal Due to Inordinate Delay and Lack of Sufficient Cause. Legal heirs failed to explain delay of over 5 years in seeking restoration of appeal after appellant's death.

10 Jan 2019

The present litigation arises from a second appeal filed in 1994 which was disposed of as abated on 20.07.2012 due to the death of the sole appellant ...

High Court

High Court of Karnataka Quashes Impleadment Order in Specific Performance Suit — Proposed Defendant Not a Necessary Party Under Order I Rule 10(2) CPC. The court held that a person claiming to be a subsequent purchaser without any document of title cannot be impleaded in a suit for specific performance as it would change the nature of the suit.

9 Nov 2017

The petitioner, N. Jagannatha Reddy, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 17.04.2015 passe...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Adverse Possession Suit — Concurrent Findings of Fact Not Interfered With. Appellant failed to prove adverse possession for over 12 years as required under Section 65 of the Indian Limitation Act, 1963.

10 Jun 2016

The appellant, Virupakshappa, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decre...

High Court

High Court of Judicature at Bombay Allows Decree-Holder in Execution of Possession Decree Under Code of Civil Procedure, 1908. Subsequent Purchasers Claiming Through Judgment Debtor Cannot Claim Better Right to Obstruct Decree Under Order 21 Rule 35 CPC.

30 Sep 2021

The writ petition arose from execution proceedings concerning a decree for possession of agricultural land. The original plaintiff, Smt. Anjanabai Tat...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Over Encroachment and Right of Way — Plaintiff's Title Upheld, Defendant's Right of Way Denied. The court found that the defendant encroached upon the plaintiff's property by constructing structures and had no right to use the plaintiff's entrance gate as there was an alternative access.

31 Jul 2012

The dispute concerns an open plot and structure (suit property) jointly purchased by Smt. Ashakkabai and Smt. Mankuwarbai in a court auction. They mad...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Multiplier Corrected from 13 to 14 and Future Prospects Added for Self-Employed Victim. The court held that the Tribunal erred in applying multiplier 13 and not adding future prospects, and that there was no contributory negligence by the deceased.

19 Jul 2024

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, Muthaiah Shetty, who died in a road accident ...

High Court

Madras High Court Dismisses Revision Against Order Allowing Withdrawal of Partition Suit with Liberty to File Fresh Suit. Trial Court's Discretion Under Order XXIII Rule 1 CPC Upheld as No Perversity or Jurisdictional Error Found.

24 Feb 2026

The case arises from a suit for partition and separate possession filed by the plaintiff (first respondent) in O.S. No.169 of 2008 before the District...

High Court

Bombay High Court Dismisses Second Appeal in Lease Dispute — Tenant Not Entitled to Protection Under Maharashtra Rent Control Act, 1999 as Lease of Open Land for Construction with Removal Clause Does Not Create Tenancy Under the Act. The lease of open land for a fixed term of 30 years expired by efflux of time, and the tenant's continued possession after expiry does not attract protection under Section 15(1) of the Maharashtra Rent Control Act, 1999, as the Act applies only to premises let for residence, education, business, trade, or storage.

3 May 2019

The appellant, Narendra Harilal Jethwa, was the defendant in Regular Civil Suit No.132 of 2002 filed by the respondents, who are trustees of a public ...

High Court

High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Genuine. Court finds that the plaintiff failed to discharge burden of proving the agreement and that the defendant's possession was permissive, leading to dismissal of the suit.

10 Sep 2015

The appellants (defendants) challenged the judgment and decree dated 30.01.2015 passed by the Senior Civil Judge, Nelamangala, in O.S. No. 82/2010, wh...

High Court

Bombay High Court Allows Partition Suit Despite Benami Transaction Act — Property Purchased in Wife's Name Before 1988 Not Barred by Section 4 of Benami Transactions (Prohibition) Act, 1988. The court held that Section 4 of the Act does not apply retrospectively to transactions completed before the Act came into force, and the plaintiff was entitled to partition of joint family property.

18 Mar 2011

The appellant, original plaintiff, filed a suit for partition and separate possession of his one-half share in the suit property, claiming it was join...

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