Search Results for "Equitable Partition"

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Supreme Court Dismisses Appeal for Suppression of Material Facts in Land Acquisition Dispute. Writ petitioner must disclose all relevant facts including prior civil suit and appeal; failure to do so disentitles equitable relief under Article 226.

The case involves an appeal by the sons of M. Krishna Reddy against the Bangalore Development Authority (BDA) and others. The appellants claimed that ...

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Bombay High Court Dismisses Petition Challenging Land Allotment to Educational Society — Petitioner Lacks Locus Standi as No Legal Right Established Over Final Plot No.80

The petitioner, Abdul Hamid Ebrahim Chotani, filed a writ petition under Article 226 of the Constitution of India seeking to quash a Standing Committe...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Suit for Possession and Mesne Profits Dismissed as Plaintiffs Failed to Prove Title and Possession.

The case involves a Second Appeal filed by the original plaintiffs (appellants) against the judgment and decree of the District Judge, Latur, dismissi...

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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 Dismisses Writ Petitions Seeking Mandatory Lis Pendens Entry in 7/12 Extracts Under Maharashtra Land Revenue Code. Government Resolution Not Recording Lis Pendens Upheld as No Express Statutory Provision Mandates Such Entry.

The two writ petitions before the Bombay High Court raised a common issue concerning the mandatory recording of lis pendens entries in land records, s...

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High Court of Karnataka Kalaburagi Bench Considers Second Appeal in Suit for Permanent Injunction, Frames Substantial Questions of Law Regarding Pleadings and Title Dispute

This Regular Second Appeal arose out of an original suit for permanent injunction in a property dispute. The plaintiff claimed ownership and possessio...

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High Court of Karnataka Dismisses Second Appeal in Injunction Suit — Concurrent Findings of Fact Not Interfered With. Suit for permanent injunction dismissed as plaintiff failed to prove title and possession; substantial questions of law not made out.

The appellant, Smt. Sathyamma, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 3.1...