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Bombay High Court Dismisses Appeal for Declaration of Ownership by Adverse Possession Against Government Land. Claim of Long Possession Fails as Plaintiffs Failed to Prove Possession for Over 12 Years and Property Was Government Land.

The appellants, plaintiffs in the original suit, filed First Appeal No. 282 of 2007 before the Bombay High Court at Goa against the judgment dated 25-...

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Karnataka High Court Considers Appeal and Cross-Objection Against Trial Court's Dismissal of Suit for Declaration of Title and Possession. Trial Court Dismissed Suit on Grounds That Plaintiffs Failed to Prove Genealogical Link and Revenue Entries Do Not Establish Title.

The matter arose out of a suit for declaration of title and recovery of possession filed by the legal heirs of late Venkategowda and Smt. Honamma, cla...

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Bombay High Court Considers Writ Petition Challenging DRAT Order on Sale of Secured Asset under SARFAESI Act. The Court Examines Whether Sale on 'As Is Where Is' Basis Was Validly Confirmed and Whether DRAT Erred in Setting It Aside.

The matter arises from a writ petition filed under Article 226 of the Constitution of India before the High Court of Bombay. The petitioner, Asset Rec...

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Supreme Court Dismisses Plaintiffs in Property Declaration Suit Due to Omission of Possession Relief. Suit for Declaration and Injunction Held Not Maintainable Under Section 34 of Specific Relief Act, 1963 as Plaintiff, Not in Possession, Failed to Seek Further Relief of Possession.

The dispute originated from a suit filed in 1987 by Arakeri Abbaiah, the original plaintiff, seeking declaration of ownership and permanent injunction...

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Bombay High Court Allows Appeal in Partnership Dispute — Plaintiff Entitled to Possession of Business and Premises. Court holds that a partnership at will can be dissolved by notice and the plaintiff as sole proprietor is entitled to recover possession from the defendant who was a partner.

The appellant, Chandrakant Kanoji Parab, filed a suit for recovery of possession of a business called M/s Ramesh Electric Works and the premises where...

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Bombay High Court Considers Second Appeal in Eviction Suit Where Title Was Disputed; Maintainability of Suit for Possession Without Declaration of Title at Issue. Court Frames Substantial Questions on Effect of Rent Controller's Finding and Evidentiary Value of Survey Records Under Goa Rent Control Act.

The dispute pertained to a residential property known as 'Mordi' or 'Tanki' in Navelim, Goa. The plaintiffs, claiming through John Gomes, had filed an...

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Bombay High Court Upholds Partition Decree, Rejects Exclusive Ownership Claim Based on Tenancy Order. Civil Court Has Jurisdiction to Determine Whether Section 32G Order Was Obtained for Joint Family or Individual Capacity.

The dispute arose from a partition suit filed by respondent no.1, Maruti Laxman Shelar, claiming a 1/5th share in ancestral joint family properties. T...