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Bombay High Court Allows Appeals in Share Ownership Dispute, Sets Aside Injunction Against Transfer of Shares Held by Trust. Court holds that a trustee cannot seek declaration of exclusive ownership of trust property in personal capacity without joining all trustees and beneficiaries.

The case involves two appeals from an order of the Joint Civil Judge Senior Division, Pune, dated 10 May 2019, which granted an interim injunction in ...

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Bombay High Court Allows Plaintiff's Second Appeal in Property Dispute, Declares Prescriptive Title Over Survey No.85/1. Court holds that continuous possession for over 12 years confers ownership by adverse possession under the Limitation Act, 1963.

The dispute in this second appeal concerns a property admeasuring about 6225 square meters, surveyed under No.85/1, located in Poinguinim village, Can...

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Bombay High Court Upholds Demolition of Unauthorized Terrace Construction in Cooperative Housing Society. Lease of Terrace by Member Without Society's Consent Invalid Under Maharashtra Cooperative Societies Act, 1960.

The judgment concerns two writ petitions arising from a dispute between N. Jethani (petitioner in WP 5476/1990) and Shri Shivaji Cooperative Housing S...

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Bombay High Court Allows Revision Against Eviction Order Under MMC Act — Agreement for Sale Does Not Confer Corporation Premises Status. Premises Not Owned or Vested in MCGM, Hence Eviction Proceedings Under Chapter VA of Mumbai Municipal Corporation Act, 1888 Not Maintainable.

The case involves a Civil Revision Application filed by the legal representatives of late Laxman Keshav Kudalkar against an eviction order passed by t...

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High Court of Karnataka Quashes Transfer Order in Land Grabbing Case — Civil Court Retains Jurisdiction Over Title Suit. Section 20 of Karnataka Land Grabbing Prohibition Act, 2011 Does Not Mandate Transfer of Suit Where No Land Grabbing Allegation is Made by Government.

The petitioner, Joseph Saldhana, filed a writ petition challenging the order dated 30.10.2018 passed by the 1st Additional Civil Judge, Mangaluru, in ...

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High Court of Karnataka Quashes Transfer Order in Land Grabbing Case — Civil Court Retains Jurisdiction Over Suit for Declaration and Injunction. Section 20 of Karnataka Land Grabbing Prohibition Act, 2011 Does Not Mandate Transfer of Civil Suit Where No Allegation of Land Grabbing is Made in Plaint.

The petitioner, Joseph Saldhana, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 30.10.2018 passed by...