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Madras High Court Upholds Easement of Necessity Over Cart Track in Partition Dispute Between Brothers. Plaintiff Granted Declaration and Mandatory Injunction for Access to Landlocked Property Under Section 13 of Indian Easements Act, 1882.

The case involves two appeals arising from a suit between two brothers, T.M. Thiruvenkatasamy (defendant) and M.Sundararajan (plaintiff), concerning f...

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“Mandatory Injunction vs Possession: Supreme Court Clarifies Section 41(h) Specific Relief Act (2026 INSC 61)”“Cloud on Title & Possession: Why Injunction Suit Fails

In Sanjay Paliwal v. Bharat Heavy Electricals Ltd., the plaintiffs sought a mandatory injunction to remove a wall allegedly blocking access to their l...

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Bombay High Court Dismisses Landlord's Eviction Suit in Bona Fide Requirement Dispute. Appellate Court's Reversal Upheld as Landlord Failed to Prove Reasonable and Bona Fide Need for Suit Premises Under Section 13(1)(g) of Maharashtra Rent Control Act, 1999.

The petitioner, Shiv Kumar I. Agarwal, through his constituted authority, filed a writ petition under Articles 226 and 227 of the Constitution of Indi...

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High Court of Karnataka Allows Appeal in Property Dispute Between Brothers — Sets Aside Trial Court Decree for Declaration and Possession. Suit for Declaration of Title and Possession Dismissed as Plaintiff Failed to Prove Ownership and Adverse Possession Against Co-Owner Brother.

The appeal arises from a judgment and decree dated 07.11.2007 in O.S.No.3163/1990 passed by the XV Addl. City Civil and Sessions Judge, Bangalore, dec...

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Bombay High Court Dismisses Suit for Money Decree Based on Oral Agreement Allegedly Contradicting Written MOU. Plaintiff's claim for consideration under oral agreement fails as MOU silent on consideration and evidence insufficient to prove oral agreement.

The Plaintiff, Bharat Nathalal Kansara, filed a suit in the Bombay High Court against his brothers, Praful Nathalal Kansara and another, seeking a mon...

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High Court of Karnataka Allows Petitions Declaring Lapse of Land Acquisition Under Section 24(2) of RFCTLARR Act, 2013. Acquisition for Karwar Port Lapsed Due to Non-Payment of Compensation and Non-Taking of Possession.

The petitioners, fishermen residing in Goudawada, Baitkhol, Karwar, Uttara Kannada, filed writ petitions under Articles 226 and 227 of the Constitutio...

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Bombay High Court Allows Second Appeal in Partition Suit, Holding That Defendant No. 2 Failed to Establish Adverse Possession Over Suit Property. The Court Set Aside Concurrent Findings of Lower Courts and Remanded the Matter for Fresh Consideration on the Issue of Adverse Possession.

The case involves a second appeal arising from a partition suit filed by the plaintiff (Sitaram) against defendants no. 1 (Pandharinath) and no. 2 (Pa...

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Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court's Decree for Mandatory Injunction. Court holds that the First Appellate Court's finding on possession was perverse and that the suit for mandatory injunction was not barred by laches.

The case involves a second appeal filed by the legal heirs of the original plaintiff, Shri Gurudas Yeshwant Pednekar, against the judgment of the Firs...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholding Concurrent Findings on Ownership and Possession. Counterclaim for Ownership Based on Adverse Possession Fails as Appellants Failed to Prove Hostile Possession and Ouster of True Owners.

The case involves a property dispute between two sets of parties over a house and land in Bicholim, Goa. The respondents/plaintiffs (Shaikh Mohammad A...