Search Results for "obstruction application"

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Search Results for "obstruction application"

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High Court

Bombay High Court Dismisses Civil Revision Applications Challenging Order to Remove Encroachments from Suit Property in Partition Suit. Court Upholds Trial Court's Discretion Under Order 39 Rule 1 and 2 CPC to Direct Removal of Encroachments During Pendency of Suit to Preserve Subject Matter of Suit.

3 Mar 2023

The case involves two Civil Revision Applications filed by the applicants (original defendants) challenging an order dated 30/04/2019 passed by the Ci...

High Court

Bombay High Court Quashes Cancellation of NA Permission as Arbitrary and Mala Fide. Tahsildar's Order Set Aside for Being Passed at Behest of Third Party Despite Adverse Civil Court Decrees.

27 Jan 2022

The petitioner, a 61-year-old widow, challenged the order dated 04.03.2015 passed by the Tahsildar, Newasa, cancelling the Non-Agricultural (NA) permi...

High Court

Bombay High Court Dismisses Revision Application in Easementary Right of Way Dispute Involving Waqf Property. Civil Court Retains Jurisdiction Over Declaration of Easementary Rights as Dispute Does Not Relate to Waqf Property or Rights Therein.

25 Oct 2024

The case involves a Civil Revision Application filed by the Kausa Jama Masjid Trust (Defendant-Trust) challenging an order of the Trial Court rejectin...

High Court

Bombay High Court Discharges Court Receiver in Property Dispute, Directs Parties to Pursue Claims Before DRT. Court holds that once a suit is transferred to DRT, the Court Receiver's role ceases and parties must seek remedies before the Tribunal.

6 May 2021

This judgment concerns an application filed by the Court Receiver seeking discharge without passing accounts, subject to payment of costs, charges and...

High Court

Bombay High Court Dismisses Section 34 Petition Challenging Arbitral Award in Partnership Dispute — Upholds Arbitrator's Findings on Loan vs. Capital Contribution and Rejection of Counterclaim as Not Maintainable. The court held that the arbitrator's findings were based on evidence and not perverse, and the challenge under Section 34 of the Arbitration and Conciliation Act, 1996 failed.

23 Jan 2020

The petitioner, Shekhar Appu Shetty, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award dat...

High Court

Bombay High Court Dismisses Tenants' Petitions Challenging Eviction Decree in Suit for Possession Based on Lease Termination. Concurrent Findings of Fact Upheld as No Substantial Question of Law Under Section 115 CPC Arises.

16 Jun 2016

The judgment pertains to three writ petitions filed by tenants (M/s Spring Fresh Drinks Pvt. Ltd., M/s Raskunj, and M/s Kale Gas Company) against the ...

High Court

Bombay High Court Allows Decree Holder's Writ Petition Against Obstruction by Third Party in Execution Proceedings — Order 21 Rule 97 CPC. Objection by brother of judgment-debtor claiming independent possession held to be abuse of process where decree of eviction under Section 6 of Specific Relief Act had been confirmed by Supreme Court.

31 Aug 2018

The petitioner, Kailashchandra Agrawal, obtained a decree of eviction against respondent No.1 (Kochaveedu Varghese Joseph) in Special Civil Suit No.51...

High Court

High Court of Bombay at Goa Dismisses Second Appeal in Permanent Injunction Suit — Concurrent Findings of Fact Not Interfered With. Suit for Injunction Simpliciter Dismissed as Plaintiffs Failed to Prove Possession Over Disputed Strip of Land.

20 Dec 2018

The appellants (original plaintiffs) filed a suit for permanent injunction simpliciter against the respondents (original defendants) claiming that the...

High Court

High Court of Bombay Division Bench Hears Reference on Appealability of Interim Injunction Orders in Regular Civil Appeals. Reference Concerns Whether Order 43 Rule 1(r) CPC Covers Interim Injunctions Granted by First Appellate Courts Under Order 41 CPC.

17 Sep 2018

This matter came before a Division Bench as a reference made by a learned Single Judge of the High Court who doubted the correctness of earlier single...

High Court

High Court of Karnataka considers appeal under Section 96 CPC against trial court's dismissal of suit for permanent injunction and grant of possession to defendants. Trial court held counterclaim for possession maintainable without separate declaration and that plaintiffs failed to prove lawful possession.

27 Jan 2020

The plaintiffs filed a suit for permanent injunction to restrain the defendants from alienating, demolishing, or dispossessing them from the suit sche...

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