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High Court of Karnataka Dismisses Civil Revision Petition Challenging Rejection of Plaint Rejection Application in Suit for Declaration and Injunction Regarding Public Property. Order 7 Rule 11 CPC Application Rejected as Plaint Disclosed Cause of Action and Was Not Barred by Law.

The petitioners-defendants filed a civil revision petition under Section 115 CPC challenging the order dated 29.09.2023 passed by the Senior Civil Jud...

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Supreme Court Dismisses Appeals Claiming Easementary Rights Over 20ft Wide Road — Pleadings Must Specifically Allege 20-Year User for Prescription Under Section 15 of Indian Easements Act, 1882. Easement of Necessity Requires Proof of Absolute Necessity and Common Origin, Which Was Not Established.

The dispute pertains to easementary rights over a 20ft wide road situated on land Survey No.57 Hissa No.13A/1 owned by the respondents (Ramani's). The...

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Bombay High Court Allows Fishermen Cooperative's Petition Against Demolition of Fishermen Huts in Coastal Zone. Court Holds That Traditional Fishing Communities Have Customary Rights to Occupy Foreshore Land for Livelihood, Subject to Environmental Clearances Under CRZ Notification, 2011.

The petitioner, Mariyayi Macchimaar Sahkari Sanstha Maryadit, a cooperative society of traditional fishermen, filed a writ petition challenging the pr...

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Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court's Decree for Mandatory Injunction. Court holds that the First Appellate Court's finding on possession was perverse and that the suit for mandatory injunction was not barred by laches.

The case involves a second appeal filed by the legal heirs of the original plaintiff, Shri Gurudas Yeshwant Pednekar, against the judgment of the Firs...

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Bombay High Court Upholds Maintainability of Civil Suit Challenging MRTP Act Notice — Preliminary Issue Under Section 9A CPC Decided in Favor of Plaintiff. Court holds that bar under Section 149 of MRTP Act does not apply to notices under Section 53(1) of the Act.

The petitioner, Prathamesh Tower Cooperative Housing Society Limited, challenged an order passed by the trial court on a preliminary issue under Secti...

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Bombay High Court Dismisses Appeal by Municipal Corporation in Property Tax Refund Suit Filed by Co-operative Housing Society. Limitation for Refund Claim Runs from Date of Final Assessment Order, Not from Date of Payment, Under Section 23 of Limitation Act, 1963.

The Municipal Corporation of Greater Mumbai (MCGM) appealed against a decree passed by the City Civil Court, Mumbai, in a suit filed by Kalpita Enclav...