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Search Results for "mundkar claim"

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High Court

High Court of Bombay at Goa Hears Writ Petition Challenging Administrative Tribunal Orders in Mundkarial Dispute. Key Issue Whether Mamlatdar Had Jurisdiction to Determine Mundkarial Rights When Reference Was Made Under Section 32 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.

4 May 2018

The litigation originated from two civil suits filed in 1992 by M/s. Suvarn Rajaram Bandekar Discretionary Trust against one Armando Cardozo for remov...

High Court

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

27 Aug 2015

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...

High Court

Bombay High Court Dismisses Petition for Impleadment in Mundkar Rights Suit — Petitioner Not a Necessary Party Under Order 1 Rule 10 CPC. Court held that a person claiming through a deceased party after her death cannot be added as a party without showing independent interest or that her presence is necessary for effective adjudication.

22 Mar 2005

The petitioner, Mrs. Maria Sibilia Crasto, filed a writ petition challenging an order dated 4th March 2004 passed by the Civil Judge, Junior Division,...

High Court

High Court of Bombay at Goa Dismisses Second Appeal in Property Injunction Suit – No Substantial Question of Law Under Section 100 CPC. Defendants’ Construction Restrained and Ordered Demolished as Plaintiff’s Possession and Title Acknowledged; Mundkar Rights Did Not Extend to New Structure; Injunction Without Declaration Maintainable.

24 Jul 2026

The dispute concerned property surveyed No. 101/21 in Village Parra, Bardez, Goa, along with House No. 172/3. The original plaintiff, Mathew Francis R...

High Court

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.

30 Nov -0001

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

High Court

Bombay High Court Considers Second Appeal in Eviction Suit Where Title Was Disputed; Maintainability of Suit for Possession Without Declaration of Title at Issue. Court Frames Substantial Questions on Effect of Rent Controller's Finding and Evidentiary Value of Survey Records Under Goa Rent Control Act.

11 Feb 2021

The dispute pertained to a residential property known as 'Mordi' or 'Tanki' in Navelim, Goa. The plaintiffs, claiming through John Gomes, had filed an...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds First Appellate Court's Decision on Limitation. Suit for Declaration by Minors Governed by Article 60 of Limitation Act, 1963, Limitation Runs from Attaining Majority.

15 Oct 2015

The case involves a second appeal before the Bombay High Court at Goa arising from a property dispute. The appellants (defendants in the original suit...

High Court

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.

27 Sep 2013

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

High Court

Bombay High Court Allows Second Appeal in Property Dispute Over Erroneous Survey Entry — Declares Appellant Owner of Suit Property Based on Title Documents and Adverse Possession. Court holds that survey entries do not confer title and that the appellant had established possession and ownership over the disputed land.

26 Aug 2014

The appellant, Cabido da Se Primacial de Goa, filed a suit for declaration and permanent injunction claiming ownership of a property known as 'Vagorna...

High Court

High Court of Bombay at Goa Dismisses Writ Petition Challenging Eviction Order; Upholds Rent Controller's Jurisdiction Despite Absence of Written Lease Under Goa Rent Control Act, 1968. The Court Holds Section 34 of the Act to be Directory, Not Mandatory, and Refuses to Interfere with Concurrent Findings of Fact That the Tenant's Denial of Title Was Not Bonafide.

1 Feb 2018

The petitioner, Abdul Sattar Kulli, filed a writ petition under Article 227 of the Constitution before the High Court of Bombay at Goa, challenging th...

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