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Bombay High Court Decides Appeal Against Interim Injunction in Tenancy Possession Dispute; Considers Whether Temporary Restraint Order Was Justified

The case arose from a tenancy and possession dispute over Flat No.5, Second Floor, Goolestan, Cuffe Parade, Mumbai. The plaintiff, a senior citizen an...

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Supreme Court Allows Appeal in Property Dispute — High Court Erred in Reversing First Appellate Court's Refusal of Possession Without Framing Substantial Question of Law. Second Appeal Under Section 100 CPC Cannot Be Entertained Without Formulating a Substantial Question of Law.

The case involves a property dispute between Nazir Mohamed (appellant) and J. Kamala (respondent) over a building and premises in Aduthurai, Tamil Nad...

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Bombay High Court Allows Writ Petition Challenging Vacation of Interim Injunction in Tenancy Dispute. Possession Delivered Under Tenancy Act in 1968 Held to Confer Prima Facie Right, Appellate Court's Reversal Set Aside.

The petitioners, original plaintiffs, filed a suit for declaration of ownership and possession and for perpetual injunction in respect of agricultural...

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Bombay High Court Upholds Jurisdiction of Civil Court in Possession Dispute Involving Family Members. Section 33 of Maharashtra Rent Control Act, 1999 Held Not to Bar Suit as Tenancy Question Not Directly Arising.

The appeal before the Division Bench of the Bombay High Court arose from an order of a learned Single Judge deciding a preliminary issue of jurisdicti...

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High Court of Karnataka Allows Appeal in Injunction Suit, Remands Case for Fresh Consideration on Possession and Title. Trial court's dismissal of suit and decree of counter claim set aside due to improper appreciation of evidence.

The appellant, P V Kamesh Kumar, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree d...

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Bombay High Court Allows Writ Petition Against Society's Refusal to Grant Membership to Purchaser of Premises. Registered Sale Deed Holder Entitled to Membership Under Section 23(2) of Maharashtra Cooperative Societies Act, 1960 Despite Developer's Objection.

The petitioners, Apna Sahakari Bank Ltd. and its Deputy General Manager, filed a writ petition under Article 226 of the Constitution of India challeng...

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High Court Dismisses Application for Rejection of Plaint in Suit for Recovery of Possession by Public Trust. No Prior Consent of Charity Commissioner Required under Sections 50/51 of Bombay Public Trusts Act, 1950 for Suit Against Trespassers; Civil Court Not Barred under Section 80.

The dispute arose from an interim application filed by Defendant No.1 in a civil suit instituted by Shri Hari Ashram, a public charitable trust regist...

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Supreme Court Allows State Appeal in Land Acquisition Case — Possession Held Validly Taken Despite Existence of Structures. Panchnama and Rapat Sufficient to Constitute Taking of Possession Under Land Acquisition Act, 1894.

The State of Haryana appealed against the High Court's judgment that declared the acquisition of the respondent's land as lapsed under Section 24(2) o...