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Madras High Court Upholds Easement of Necessity Over Cart Track in Partition Dispute Between Brothers. Plaintiff Granted Declaration and Mandatory Injunction for Access to Landlocked Property Under Section 13 of Indian Easements Act, 1882.

The case involves two appeals arising from a suit between two brothers, T.M. Thiruvenkatasamy (defendant) and M.Sundararajan (plaintiff), concerning f...

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High Court of Karnataka Allows Appeal by University of Agricultural Sciences in Land Title Dispute — Plaintiff Fails to Prove Title and Possession. Suit for Declaration and Possession Dismissed as Plaintiff's Title Not Established and Earlier Injunction Suit Dismissed for Non-Identity of Property.

The case involves a dispute over land measuring 2 acres 20 guntas in Jakkur Plantation, Bangalore. The plaintiff, Smt. Saroja Gupta, claimed to be the...

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Bombay High Court Dismisses Application to Revoke Leave Granted Under Clause XII of Letters Patent Act, 1866 in Commercial Suit for Loan Recovery. Execution of Assignment Deed in Mumbai Constitutes Part of Cause of Action, Sufficient to Maintain Suit.

The Plaintiff, PIL Industries Limited, a company registered in Mumbai, filed a suit against Deccan Chronicle Holdings Ltd. (Defendant No.1) and others...

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Bombay High Court Allows Appeal in Trust Property Dispute — Possession of Suit Plot Not Acquired by Government. Land Acquisition Proceedings Did Not Include the Suit Plot, Hence Government Cannot Claim Title or Possession Without Proper Acquisition Under Land Acquisition Act, 1894.

The appeal arises from a judgment and decree dated 25.9.1995 of the Civil Judge, Senior Division, Yavatmal, dismissing Special Civil Suit No.86/1994 f...

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Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Property Suit — Limitation and Cause of Action Are Triable Issues. Court holds that Order VII Rule 11 CPC application cannot be decided on disputed facts regarding knowledge of sale deeds and limitation.

The Bombay High Court dismissed a Civil Revision Application filed by Defendant No.15 (M/s. Mahabharat Builders) challenging the trial court's order d...