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Supreme Court Dismisses Plaintiffs in Property Declaration Suit Due to Omission of Possession Relief. Suit for Declaration and Injunction Held Not Maintainable Under Section 34 of Specific Relief Act, 1963 as Plaintiff, Not in Possession, Failed to Seek Further Relief of Possession.

The dispute originated from a suit filed in 1987 by Arakeri Abbaiah, the original plaintiff, seeking declaration of ownership and permanent injunction...

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Supreme Court Allows Appeals in Land Ownership Dispute, Quashing Bombay High Court PIL Judgment. Revenue Minister's Recall of Ex Parte Order Upheld as Violative of Natural Justice Under Section 258 Maharashtra Land Revenue Code, 1966, and Appellants' Title Established Based on 1894 Deed.

The appeals arose from a Bombay High Court judgment in a Public Interest Litigation concerning ownership of land admeasuring 5 acres and 20 gunthas in...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Bombay High Court Allows Writ Petition Against Society's Refusal to Grant Membership to Purchaser of Premises. Registered Sale Deed Holder Entitled to Membership Under Section 23(2) of Maharashtra Cooperative Societies Act, 1960 Despite Developer's Objection.

The petitioners, Apna Sahakari Bank Ltd. and its Deputy General Manager, filed a writ petition under Article 226 of the Constitution of India challeng...

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Bombay High Court Dismisses Petition Challenging Cooperative Society Registration — Petitioner Lacks Locus Standi as Non-Member. Registration of Dayal Smruti Cooperative Housing Society under Maharashtra Cooperative Societies Act, 1960 upheld as petitioner was not a member and had no right to object.

The petitioner, Rachana Developers, a registered partnership firm, filed a writ petition under Article 226 of the Constitution of India before the Bom...