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Search Results for "encroachment suit"

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High Court

High Court Quashes Trial Court Order Appointing Court Commissioner in Encroachment Suit as Premature Before Plaintiff's Evidence. Appointment Under Section 75 Read with Order 26 Rule 9 of Code of Civil Procedure, 1908, is Impermissible for Evidence Collection When Plaintiff Has Not Yet Discharged Burden of Proof in Mandatory Injunction Suit Regarding Government-Acquired Land.

24 Mar 2026

The High Court of Judicature at Bombay, Aurangabad Bench, heard a writ petition challenging an order dated 18.07.2024 passed by the Civil Judge, Senio...

High Court

High Court of Karnataka Dismisses Appeal by State Authorities in Mandatory Injunction Suit — Upholds Trial Court Decree Directing Removal of Encroachment on Public Road. Suit for mandatory injunction and permanent injunction decreed as plaintiff established that defendants had encroached upon a public road by constructing a compound wall, causing obstruction to access.

24 Sep 2025

The Regular First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908, by the defendants (appellants) challenging the judgment and ...

High Court

Land: Basilica of Our Lady of the Mount Challenges SRA's Acquisition Attempt. Protecting Property Rights and Redevelopment Plans in Mumbai's Slum Rehabilitation Dispute

11 Jun 2024

Maharashtra Slum Rehabilitation Authority (SRA) Act, where the petitioner, Basilica of Our Lady of the Mount, Mumbai, contests SRA's attempt to acquir...

High Court

Bombay High Court Dismisses Second Appeal in Land Encroachment Suit — Concurrent Findings of Fact Not Interfered With. Plaintiff Failed to Prove Title and Encroachment Over Suit Land; Appeal Dismissed Under Section 100 CPC.

19 Aug 2019

The present second appeal was filed by the original plaintiff, Sau. Indira Chhabildas Jadhav, challenging the concurrent judgment and decree passed by...

High Court

Bombay High Court Dismisses Writ Petition Challenging Collector's Order Declaring No Right to Gairan Land. Encroachment on Government Land Cannot Be Regularized Without Following Due Process Under Maharashtra Land Revenue Code.

5 Feb 2019

The petitioners, eight individuals from Mategaon, filed a writ petition challenging the order dated 13.07.1994 passed by the District Collector, Auran...

High Court

Bombay High Court Allows Second Appeal in Land Encroachment Suit — Remands for Fresh Consideration Due to Failure to Frame Points for Determination. The appellate court's judgment was set aside for non-compliance with Order 41 Rule 31 CPC, and the matter was remanded for fresh disposal.

14 Aug 2018

The original plaintiff (since deceased, represented by his legal heir) filed a suit for removal of encroachment against defendant nos.1 and 2, claimin...

High Court

Bombay High Court Allows Appeal Against Remand Order in Encroachment Suit — Remand for Remeasurement Without Setting Aside Trial Court's Findings on Evidence Held Impermissible Under Order 41 Rule 23 CPC. First Appellate Court Cannot Order Fresh Measurement to Fill Gaps in Plaintiff's Case.

23 Jun 2017

The appellant, original defendant in a suit for removal of encroachment, challenged the order of the District Judge-3, Yavatmal, dated 05/07/2016 in R...

High Court

Bombay High Court Allows Second Appeal in Land Encroachment Suit Due to Lack of Proper Measurement. Court holds that re-measurement of suit field and adjoining lands is necessary to determine encroachment when description of property in plaint is insufficient under Order VII Rule 3 CPC.

9 Apr 2014

The case involves a second appeal filed by Laxman Wamanrao Nagapure against the judgment and order dated 6.8.2012 passed by the learned District Judge...

High Court

Bombay High Court Allows Second Appeal in Trust Property Encroachment Case — Defendant Acquitted of Adverse Possession Claim. Suit for Possession by Trust Held Not Barred by Limitation as Encroachment is Continuing Wrong Under Section 23 of Limitation Act, 1963.

18 Nov 2013

The case involves a second appeal filed by Namdeo Khedkar (appellant/defendant) against the judgment of the Joint District Judge, Chandrapur, which re...

High Court

Bombay High Court Allows Court Receiver's Report and Additional Report in Land Dispute — Directs Demarcation and Removal of Encroachments. Court upholds Receiver's authority to manage suit property and take steps to protect it from unauthorized development.

14 Jan 2013

The case pertains to a long-standing dispute over land survey No.34/1 and 35/3 at Panchpakhadi, Thane. The appellants had challenged a trial court ord...

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