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Bombay High Court Dismisses Appeal Against Municipal Corporation in Property Dispute Over Open Space. Injunction Denied as Plaintiffs Failed to Establish Possession or Title Over Suit Premises Under Section 38 of Specific Relief Act, 1963.

The appeal arose from an order dated 10.02.2021 of the City Civil Court at Dindoshi dismissing the Notice of Motion No. 438 of 2021 in L.C.Suit No. 14...

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Bombay High Court Allows Writ Petition Seeking Compensatory Appointment Despite Pending Civil Suit — Pendency of Civil Suit Regarding Title Does Not Bar Consideration of Rehabilitation Claim Under Coal Bearing Areas (Acquisition and Development) Act, 1957.

The petitioners, Mirabai Namdeo Gaurkar and her son Raju Namdeo Gaurkar, filed a writ petition challenging a communication dated 05-12-2020 from Weste...

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Bombay High Court Allows Petition Seeking Compensation for Excess Land Acquired Under National Highways Act, 1956. Re-measurement by Deputy Director of Land Records Revealed Additional Acquisition of 752 sq. mtrs., Court Directs Payment Within Three Months.

The petitioner, Syed Azizuddin Hyder, owned 53 R of land in Gat No.109 at Chitte Pimpalgaon, Aurangabad. The respondents acquired 940 sq. mtrs. of thi...

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Bombay High Court Dismisses Appeal for Specific Performance of Oral Agreement for Sale of Shop. Oral Agreement for Sale of Immovable Property Not Enforceable Under Section 54 of Transfer of Property Act, 1882 and Section 17 of Registration Act, 1908.

The appellant, original plaintiff, filed an appeal against the judgment of a learned Single Judge of the Bombay High Court in Suit No.590 of 1980, whe...

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“Mandatory Injunction vs Possession: Supreme Court Clarifies Section 41(h) Specific Relief Act (2026 INSC 61)”“Cloud on Title & Possession: Why Injunction Suit Fails

In Sanjay Paliwal v. Bharat Heavy Electricals Ltd., the plaintiffs sought a mandatory injunction to remove a wall allegedly blocking access to their l...

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Injunction Suit Not Maintainable When Title Is Disputed

The High Court of Karnataka held that when title to immovable property is disputed, a suit for mere permanent or mandatory injunction is not maintaina...

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High Court of Karnataka Dismisses NHAI Appeal in Land Acquisition Arbitration — Upholds Solatium and Interest Under Section 37(1)(c) of Arbitration and Conciliation Act, 1996. Court affirms that land owners are entitled to solatium and statutory interest based on binding Supreme Court precedent.

The National Highways Authority of India (NHAI) filed an appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996, against the judg...