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Supreme Court Allows Appeal in Adverse Possession Case — Declares Plaintiff Owner of Encroached Land. Court Holds That Mere Long Possession Without Hostility and Knowledge Does Not Confer Title by Adverse Possession Under Limitation Act, 1963.

The appellant, Mallikarjunaiah, filed a civil suit seeking declaration of title and injunction in respect of certain agricultural lands, including 1 G...

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Bombay High Court Allows Appeal by Defendants Against Remand Order in Civil Suit — Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23 CPC. Remand for Retrial Not Permissible When Trial Was Fair and Parties Had Opportunity to Lead Evidence.

The appellants, original defendants in a civil suit, challenged an order dated 13 July 2010 passed by the learned Extra Jt. Ad-hoc District Judge, Sat...

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Bombay High Court at Goa Dismisses Municipal Council's Petition Challenging Appointment of Commissioner in Property Dispute. Court upholds trial court's discretion to appoint Commissioner for measurement and valuation under Order 26 Rule 9 CPC.

The Mapusa Municipal Council filed a writ petition challenging an order of the Civil Judge, Senior Division, Mapusa, dated 30th January 2013, which ap...

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Bombay High Court Dismisses Appeal Against Refusal of Temporary Injunction in Property Dispute — Plaintiffs Failed to Establish Prima Facie Case and Balance of Convenience. Court held that disputed questions of title and possession cannot be decided in injunction proceedings without proper evidence.

The present appeals arise from a property dispute between M/s Girdhar Creations and others (original plaintiffs) and Baban Baburao Rathare and others ...

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High Court of Bombay at Goa Dismisses Appeal in Contract for Supply of Rails — Upholds Decree for Recovery of Amount for Short Supply. Appellant liable to pay Rs.2,71,873/- with interest at 10% per annum from 15-12-1987 for short supply of 16.263 metric tonnes of rails.

The respondent, State of Goa through the Executive Engineer, filed a suit for recovery of Rs.2,71,873/- against the appellant, M/s. H. L. Nathurmal, f...

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Bombay High Court Dismisses Union of India's Appeal Against Arbitral Award in Construction Contract Dispute. Court upholds single judge's refusal to set aside award under Section 34 of Arbitration and Conciliation Act, 1996, holding that findings of fact by arbitrator are not open to challenge.

The Union of India (appellant) had invited tenders for construction work, and Moti Enterprises (respondent) was the successful tenderer. The contract ...