Search Results for "Fragmentation"

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Search Results for "Fragmentation"

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High Court

Gujarat High Court Quashes Rejection of NA Permission in Land Fragmentation Case — DLCR's Inconclusive Report Cannot Sustain Denial. Non-Agricultural Use Permission Rejected Solely on Grounds of Possible Breach of Land Fragmentation/ULC Norms and Reliance on Inconclusive DLCR Report — Held That Such Grounds Are Not Sustainable in Law.

13 Mar 2026

The petitioners, Bharvad Harishbhai Becharbhai and others, filed a Special Civil Application under Article 226 of the Constitution of India before the...

High Court

Gujarat High Court Allows Petition Challenging Rejection of Revision on Ground of Delay in Fragmentation Act Case — Revisional Authority Directed to Decide on Merits. The court held that dismissal of revision solely on limitation without considering merits was improper, especially when delay was not inordinate and explanation was provided.

21 Jan 2026

The petitioner, Bhikhabhai Mahadevbhai Rabari, filed a Special Civil Application under Article 226 of the Constitution of India before the Gujarat Hig...

High Court

Bombay High Court Dismisses Petition Challenging Tahsildar's Partition Action Under Section 54 CPC — Execution of Decree Not Dependent on Final Decree for Collector's Precept. The court held that the Collector can effect partition without a final decree, and the petitioners had opportunity to be heard.

10 May 2024

The case involves a decree-holder (sister) who obtained a preliminary decree for partition of her parents' property in 2006, which was confirmed in ap...

High Court

Bombay High Court Allows Second Appeal in Land Dispute Case — Certificate Under Section 24 of Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 is Evidence of Transfer, Not Certificate of Title. The court held that a certificate under Section 24 is merely evidence of transfer and does not confer title, thus the suit for possession without challenging the consolidation order was maintainable.

19 Sep 2019

The case involves a second appeal before the Bombay High Court arising from a civil suit for possession of agricultural land. The appellant (original ...

High Court

Bombay High Court Allows Framing of Additional Issue on Validity of Partition Deed Under Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 — Trial Court's Rejection Set Aside. The court held that the issue regarding validity of partition deed under the Act was necessary for just decision and directed framing of additional issue.

15 Feb 2019

The petitioner, Tulshiram Kasale, filed a civil suit (RCS No.143/2008) against his brother and others seeking partition of ancestral property. During ...

High Court

Bombay High Court Allows Reference Under Section 36B of Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 — Civil Court Must Refer Issue of Sale Deed Validity to Competent Authority. The court held that the provision is mandatory and the civil court cannot decide the effect of the Act on a document itself.

12 Oct 2018

The petitioners, defendants in Regular Civil Suit No. 215/2013, challenged the order dated 29.06.2017 passed by the Joint Civil Judge, Junior Division...

High Court

Bombay High Court Allows Conversion of Land Despite Acquisition for Road, Holding That Fragmentation Under Land Revenue Code Does Not Apply When Land Is Acquired by State. The Court directed the Additional Collector to consider the conversion application afresh, rejecting the fragmentation objection based on the acquisition of a portion of the land for road construction.

21 Oct 2015

The petitioners, owners of land bearing Survey No.67/11 in Navelim, Goa, applied for conversion of their land from agricultural to non-agricultural us...

High Court

Bombay High Court Dismisses Revision Against Execution Proceedings in Partition Suit — Decree Holder's Right to Execute Decree Not Barred by Limitation or Res Judicata. Execution Application Filed Within 12 Years Under Article 136 of Limitation Act, 1963 is Maintainable.

19 Oct 2010

The petitioners, who were judgment-debtors in a partition suit, filed a Civil Revision Application challenging the order dated 16th April 2004 passed ...

High Court

Bombay High Court Allows Appeal Against Remand Order in Agricultural Land Dispute — Trial Court Directed to Decide Issues Without Reference to Revenue Authorities. The lower appellate court's remand for determination of agriculturist status and reference to revenue authorities was set aside as the appellate court could have decided the issue itself under Order 41 Rule 23A CPC.

6 Jun 2006

The appellant/plaintiff, Smt. Housabai Pandurang Tawar, filed a suit for possession of agricultural land claiming to have purchased it by a sale deed ...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Sell Not Void Under Fragmentation Act and Minor's Contract Not Voidable. The court set aside the decree for specific performance, holding the agreement void under Section 31 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act and due to the plaintiff's minority.

24 Feb 2005

The case involves a second appeal filed by the original defendant, Namdeo Sayaji Dhavale, challenging a decree for specific performance of an agreemen...

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