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Madras High Court Allows Writ Petition of Auction Purchaser Against Bank for Delivery of Possession Under SARFAESI Act. Bank's Failure to Hand Over Vacant Possession After Sale Confirmation Constitutes Dereliction of Duty Enforceable Under Article 226.

The petitioner, Vijayanand Srinivasan, an auction purchaser, filed a writ petition under Article 226 of the Constitution of India seeking a writ of ma...

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Madras High Court Allows Revision, Restores Temporary Mandatory Injunction for Cart Track Access in Property Dispute. Appellate Court Exceeded Jurisdiction Under Order 43 Rule 1(r) CPC by Re-appreciating Evidence on Merits Instead of Confining to Jurisdictional Errors.

The petitioners (plaintiffs) filed a civil suit seeking a permanent injunction and a temporary mandatory injunction to restore a cart track that alleg...

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Madras High Court Grants Decree for Possession and Arrears in Commercial Lease Dispute — Tenant Failed to Pay Rent and Vacate Premises. Landlord Entitled to Recovery of Possession, Rental Arrears, Damages for Use and Occupation, and GST with Interest at 18% Per Annum.

The plaintiff, Faisal Khan, filed a suit in the High Court of Judicature at Madras seeking recovery of possession of his commercial property located a...

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Supreme Court Allows Appeal Against High Court's Remand Order in Property Dispute - Concurrent Findings on Limitation Upheld. High Court Erred in Remanding Matter for Fresh Trial Instead of Deciding Substantial Question of Law Under Section 100 of Code of Civil Procedure, 1908.

The appeal arose from a property dispute involving a joint Hindu family. The litigation originated from a 1965 suit (O.S.No.851 of 1965) filed by Sund...

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Madras High Court Modifies Disciplinary Punishment of Reduction in Pay Scale Imposed on Retired Junior Assistant for Insubordination. Reduction for Unspecified Period with Cumulative Effect Held Impermissible, Punishment Modified to One Year Without Affecting Pension.

The petitioner, K.Periyasamy, was originally appointed as an Office Assistant on 06.07.2000 and later promoted to Senior Bailiff in the cadre of Junio...

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Madurai Bench of Madras High Court Disposes Writ Petition Challenging Revenue Divisional Officer’s Order Due to Availability of Alternative Appeal Remedy. Impugned Order Is Appealable to District Revenue Officer, and Petitioner Had Already Given Representation, Thus Relegated to Pursue Statutory Appeal.

The petitioner, Chandran, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of Madras High Court seeking a...

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Supreme Court Allows Appeal in Possession Suit, Restores Concurrent Findings of Trial and First Appellate Court. High Court's Reversal Set Aside for Reappreciating Evidence Beyond Second Appeal Scope Under Section 100 CPC.

The case involves a dispute over possession of agricultural land. The plaintiff, Rajendra Kumar Gupta, filed a suit for recovery of possession based o...

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Supreme Court Upholds Interim Injunction in Property Dispute Based on Tenancy Act Certificate. Section 38E Certificate Under Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 Confers Ownership, Overriding Subsequent Transfers.

The respondent-plaintiff filed a suit for declaration of ownership, declaration that a Gift Settlement Deed dated 24.07.1987 in favour of the petition...

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Bombay High Court Dismisses Petitioners' Challenge to Mutation Entry Based on Will in Land Revenue Case — Civil Court Decree Binding on Revenue Authorities. Mutation Entry Does Not Confer Title and Writ Jurisdiction Under Article 227 Cannot Be Used to Reappreciate Evidence.

The petitioners, Amrutrao Shankarrao Deshmukh and Dhananjay Amrutrao Deshmukh, filed a writ petition under Article 227 of the Constitution of India ch...