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Bombay High Court Allows Second Appeal in Land Encroachment Suit — Remands for Fresh Consideration of Measurement Evidence. Court holds that the lower appellate court failed to consider the TILR's map and report, which constituted a substantial question of law under Section 100 CPC.

The present second appeal arises from a suit for possession of encroached land. The appellants, original plaintiffs, are members of a joint family own...

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Bombay High Court Dismisses Second Appeal in Land Encroachment Suit — Concurrent Findings of Fact Not Interfered With. Plaintiff Failed to Prove Title and Encroachment Over Suit Land; Appeal Dismissed Under Section 100 CPC.

The present second appeal was filed by the original plaintiff, Sau. Indira Chhabildas Jadhav, challenging the concurrent judgment and decree passed by...

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Bombay High Court Allows Second Appeal in Encroachment Dispute, Remands for Proper Measurement by Cadastral Surveyor. Lower Appellate Court's Remand Order Upheld as Defects in Map Preparation Required Rectification for Fair Adjudication.

The case involves a second appeal arising from a dispute over alleged encroachment on Survey No. 6/1 belonging to the plaintiff. The trial court had d...

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Bombay High Court Allows Second Appeal in Property Dispute, Sets Aside Concurrent Findings for Non-Compliance of Order 7 Rule 3 CPC. Court Holds That Non-Filing of Plan/Sketch with Plaint Is Not Fatal If Encroachment Can Be Identified Through Other Evidence.

The appellant, Pratapsingh Raoji Rane, filed a suit for mandatory injunction against the respondents, Jitendra Zoiba Rane and others, alleging encroac...

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Bombay High Court Allows Second Appeal in Land Encroachment Suit Due to Lack of Proper Measurement. Court holds that re-measurement of suit field and adjoining lands is necessary to determine encroachment when description of property in plaint is insufficient under Order VII Rule 3 CPC.

The case involves a second appeal filed by Laxman Wamanrao Nagapure against the judgment and order dated 6.8.2012 passed by the learned District Judge...

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Bombay High Court Allows Second Appeals in Land Suit Based on Adverse Possession and Limitation. Concurrent findings of possession and limitation reversed as courts below misapplied Article 65 of the Limitation Act, 1963 and failed to consider that the suit was barred by limitation.

The case involves two second appeals filed by two brothers, Vijay and Yashwant Gaikwad, challenging a common judgment and decree dated 7.12.2010 passe...