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Bombay High Court Dismisses Appeal in Specific Performance and Easement Case — Plaintiff Fails to Prove Right of Way. Court holds that permissive user does not create easement of necessity or prescriptive easement under Indian Easements Act, 1882.

The appellant, Smt. Shalini Laxman Wadnerkar, as the sole surviving legal representative of the original plaintiff G.G. Suvarnapathak, appealed agains...

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Bombay High Court Allows Second Appeal in Hindu Succession Act Case — Section 23 Amendment Not Retrospective. Lower Appellate Court erred in applying 2005 amendment to partition suit filed before amendment, shares to be determined under pre-amendment law.

This second appeal arises from a judgment dated 29/7/2009 passed by the learned District Judge-I, Pandharkawda in Regular Civil Appeal No.69/2004. The...

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Madras High Court Allows Mandamus Petition for Land Survey to Resolve Boundary Dispute and Prevent Encroachment on Public Pathway. Revenue Authorities Directed to Measure Land and Fix Boundaries After Hearing Objecting Neighbors, with Restriction on Fencing Only on Demarcated Area, Under Article 226.

The dispute arose from a writ petition under Article 226 of the Constitution filed by Muthu Muneeshwarapandian seeking a mandamus to the Tahsildar and...

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High Court of Karnataka Allows Writ Petition Challenging Endorsement Denying Permanent Ownership of Leased Land. Petitioner's mother was lessee under South Canara District Lease of Lands for Cultivation Rules, 1957; court held that the petitioner as legal heir is entitled to seek permanent ownership.

The petitioner, Mr. Gunapal Athikari, filed a writ petition under Article 226 of the Constitution of India challenging an endorsement dated 27.1.2018 ...

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High Court of Karnataka Dismisses Review Petitions in Land Dispute Case — No Error Apparent on Face of Record. Review petitions under Order 47 Rule 1 read with Section 114 CPC dismissed as petitioner failed to establish any error apparent on the face of the record or discovery of new evidence.

The judgment pertains to two review petitions filed by Sri. Prakash Gangaram (represented by GPA holder Sri. Subbaramaiah) against the Deputy Commissi...

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Supreme Court Upholds Validity of Prior Sale Deed Despite Purchaser's Absence During Registration Under Registration Act, 1908. Presence of purchaser not required under Section 32 of Registration Act, 1908 for registration of conveyance deed.

The appeal arose from a suit for declaration and permanent injunction filed by H.P. Puttaswamy (appellant) claiming ownership and possession of a prop...