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Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree.

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the id...

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Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree.

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the id...

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This judgment pertains to two Land Acquisition References (LAR 18/1988 and 19/1988) concerning land requisitioned for Mumbai Airport expansion. The ce...

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Joining a Member of a Housing Society as a Party in Unauthorized Construction Dispute. A cooperative society member has a locus standi to challenge unauthorized construction by another member if it impacts common rights.

The Bombay High Court allowed the impleadment of a cooperative housing society member as a defendant in a suit challenging unauthorized construction b...

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Jurisdictional Determination in Easementary Right Claim on Waqf Property. Balancing Civil Jurisdiction and Waqf Tribunal Powers in Disputes Over Waqf Property Access Rights.

The High Court of Bombay addressed the issue of jurisdictional competence between the Waqf Tribunal and the Civil Court. The case revolves around the ...

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Trustees’ Authority in Managing Encroached Land for Slum Rehabilitation: Bombay High Court Clarifies. Bombay High Court allows PLAINTIFFS to collaborate with developers to undertake slum rehabilitation on its encroached lands, empowering trustees under the Public Trust Act.

1. Introduction:The plaintiffs, A. H. Wadia Trust, a public charitable trust, along with its trustees (Plaintiffs No. 2 to 5), approached the court vi...

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Dispute over lease rights and possession under Town Planning Scheme III, Mahim Division.

Property Dispute in Mumbai: Leasehold Rights and Reconstitution of Plots under Maharashtra Regional and Town Planning Act, 1966 Acts and Sections Dis...

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Court Quashes Order for Early Appointment of Court Commissioner in Property Dispute. High Court emphasizes proper sequencing of evidence before appointing a Court Commissioner.

The High Court has set aside an order passed by the Trial Court that allowed the appointment of a Court Commissioner to survey, measure, and map the s...

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"Partition Not Proved, Appeal Allowed: A Dispute Over Co-ownership and Encroachment on Temple Property" "High Court overturns lower court rulings, emphasizes the need for partition before possession claims"

The Bombay High Court (Nagpur Bench) allowed the second appeal and set aside the judgments of the trial court and first appellate court. The court co...