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Search Results for "mundkar claim"

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High Court

High Court of Bombay at Goa Dismisses Petition Challenging Mundkar Declaration — Concurrent Findings of Fact Not Interferable Under Article 226. The court upheld the declaration of respondents as Mundkars under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975, finding no perversity in the concurrent findings of the Deputy Collector and Administrative Tribunal.

7 Jul 2014

The petitioners, legal heirs of Krishna Vithoba Xete Tilve, filed a writ petition under Article 226 of the Constitution before the High Court of Bomba...

High Court

Bombay High Court Dismisses Petition Challenging Injunction Orders in Property Dispute — Mundkar Rights and Possession Prima Facie with Respondent. The court upheld the dismissal of temporary injunction as the respondent established mundkar rights and possession through survey records, and the petitioner failed to show better title or possession.

4 Oct 2012

The petitioner, Shri Shantadurga Kumbarjuvenkarin Devasthan, filed a writ petition challenging the orders of the courts below dismissing its applicati...

High Court

Bombay High Court Dismisses LPA Against Single Judge's Order Setting Aside Administrative Tribunal's Rejection of Section 8A Application Under Goa Mundkars Act. Finding that Prior Summary Inquiry Under Section 29 Does Not Bar a Fresh Declaration Under Section 8A, Division Bench Directs Mamlatdar to Decide Mundkarial Rights on Merits.

25 Sep 2018

The case arose from a dispute over mundkarial rights under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975. The respondents claim...

High Court

Bombay High Court Allows Impleadment Challenge in Mundkar Rights Case — Trial Court Exceeded Jurisdiction by Ordering Impleadment Without Ascertaining Mundkarial Right. The court held that impleadment under Order 1 Rule 10 CPC requires a finding that the person is a necessary or proper party, and a mundkarial right cannot be assumed without a declaration under the Goa Mundkars (Protection from Eviction) Act, 1975.

13 Jan 2006

The petitioners, original plaintiffs, filed a Regular Civil Suit No.67/2003/A before the Civil Judge, Senior Division, Quepem, seeking relief in respe...

High Court

Bombay High Court Allows Second Appeal in Mundkar Property Dispute — Civil Court Lacks Jurisdiction Over Mundkar Status Under Section 31(2) of Goa Daman and Diu Mundkar (Protection from Eviction) Act, 1975. Mandatory Injunction for Demolition Set Aside as Suit Partly Barred by Limitation.

20 Jan 2006

The case involves a Second Appeal filed by the defendants against the judgment and decree of the lower appellate court in a suit for demolition of str...

High Court

Bombay High Court at Goa Dismisses Defendants' Writ Petition in Suit for Possession and Mesne Profits — Issues of Mundkarship and Tenancy Not Referable to Mamlatdar as They Are Not Substantial and Triable by Civil Court.

15 Apr 2010

The case involves a suit for possession and mesne profits filed by the plaintiffs (respondents) against the defendants (petitioners) in respect of a p...

High Court

Bombay High Court Dismisses Petitions Challenging Executing Court's Refusal to Stay Execution in Mundkar Rights Claim. Court holds that mere filing of a declaration suit before Mamlatdar does not create a right to stay execution proceedings under Order XXI Rule 97, 99, 101 CPC.

15 Apr 2024

The petitioners, Lawrance Pereira and Juliana Pereira, filed Writ Petition No. 611 of 2023 challenging the order dated 06.09.2023 passed by the Execut...

High Court

Bombay High Court Dismisses Petition Challenging Mundkar Revision Order in Eviction Suit — Upholds Concurrent Findings of Tenancy and Default. The court held that the petitioners failed to prove that the suit house was not a mundkar tenancy and that the eviction decree was validly passed under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.

18 Apr 2016

The petitioners, legal heirs of original defendants in Civil Suit No. 107 of 1970, filed a writ petition challenging the order dated 14.01.2015 passed...

High Court

Bombay High Court at Goa Dismisses Letters Patent Appeal in Eviction Suit — Upholds Concurrent Findings of License and Unauthorized Occupation. The Court held that the appellants failed to prove Mundkar status and that the suit was not barred by the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.

6 Mar 2013

The case involves a Letters Patent Appeal filed by the appellants (defendants in the original suit) against the judgment of a learned Single Judge of ...

High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Administrative Tribunal Order in Mundkar Dispute — Tribunal Exceeded Revisionary Jurisdiction Under Section 26 of Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975. Concurrent Findings of Fact by Mamlatdar and Collector Cannot Be Reversed Without Perversity.

9 Oct 2018

The petitioners, legal representatives of the original petitioner Mrs. Antoneta Fernandes, filed a writ petition under Articles 226 and 227 of the Con...

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