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Bombay High Court Dismisses Writ Petitions Challenging Condonation of Delay and Setting Aside of Abatement in Civil Suit Kept Sine Die Pending Tenancy Issue. Legal Heirs Brought on Record in Connected Tenancy Proceedings Sufficient to Keep Suit Alive Under Section 58(2) of Goa Tenancy Act, 1964.

The petitioners, legal heirs of the original defendant Anand Visvambora Bandodkar, challenged the order of the First Appellate Authority dated 31.3.20...

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High Court of Bombay at Goa Dismisses Writ Petition Challenging Concurrent Findings of Fact in Agricultural Tenancy Dispute. Petitioner failed to establish tenancy rights as adopted son of deceased tenant due to lack of credible evidence and introduction of new pleas at belated stage.

The petitioner, Premanand Naik, filed a writ petition under Article 227 of the Constitution of India challenging the orders of the Appellate Authority...

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Bombay High Court Dismisses Petition Challenging Refusal to Stay Civil Suit on Tenancy Grounds. The court held that the issue of tenancy must be determined by the civil court as a preliminary issue under Section 9A CPC, not by tenancy authorities, as the tenancy claim was not bona fide.

The petitioners, legal representatives of the deceased original defendant, challenged an order dated 5/10/2017 passed by the Civil Judge Junior Divisi...

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Bombay High Court Allows Writ Petition Challenging Rejection of Mundkar Declaration — Res Judicata Not Applicable to Mundkar Proceedings Under Goa Mundkar Act, 1971. Prior Civil Court Eviction Decrees Do Not Bar Mamlatdar from Declaring Mundkar Status as Subject Matter and Relief Are Distinct.

The petitioners, Alfredo M. Rodrigues, Paul S. Rodrigues, and Fatima T. Rodrigues, filed a writ petition under Articles 226 and 227 of the Constitutio...

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Bombay High Court Allows Re-Reference of Mundkarial Issue to Mamlatdar in Civil Suit — Civil Court Has Power to Re-Refer Issue When Earlier Reference Dismissed in Default Without Adjudication on Merits

The petitioner, original defendant in a civil suit, raised a claim of mundkarial rights over the suit property. The Civil Judge framed issue no.7 rega...

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Bombay High Court at Goa Allows Writ Petition Challenging Execution Order in Eviction Suit — Mundkar Claim Rejected, Adverse Possession Not Proven. The executing court erred in dismissing execution on the ground of adverse possession when the decree was valid and the issue was already decided.

The petitioners, Miss Aura Serafina Crispina de Souza and Miss Agnes Felicia de Souza, are the original decree-holders who obtained an eviction decree...

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Bombay High Court Dismisses Petition Challenging Administrative Tribunal's Order in Mundkar Declaration Case — Prior Declaration of Mundkarship Bars Fresh Application Under Section 8A of Goa Mundkars (Protection from Eviction) Act, 1975.

The petitioners, Shri Vassudev Pandurang Naik and Mrs. Vassanti Vassudev Naik, filed a petition under Articles 226 and 227 of the Constitution of Indi...

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Bombay High Court at Goa Upholds Environmental Clearance for Resort Construction in CRZ Area Subject to Conditions — Public Trust Doctrine and Precautionary Principle Applied to Protect Coastal Ecology and Local Livelihoods.

The judgment arises from a Public Interest Litigation and connected writ petitions challenging the environmental clearance granted to M/s. Leading Hot...