Search Results for "demarcation suit"

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Bombay High Court Considers Writ Petition Against Order Rejecting Decree on Admission in Partition Suit Among Siblings. Trial Court's Rejection of Order XII Rule 6 CPC Application Based on Conditional Admission Under Scrutiny.

The petitioners, the original plaintiffs, and the respondent, the original defendant, are siblings who jointly inherited suit property from their pare...

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Bombay High Court Quashes Deemed Conveyance Order in MOFA Case Due to Binding Consent Decrees — Competent Authority Cannot Override Civil Court Decrees. Consent Decree Operates as Res Judicata and Estoppel Between Parties Under Section 11 of Maharashtra Ownership Flats Act, 1963.

The Petitioner, owner of a larger property, had constructed a building and sold flats to purchasers who formed Respondent No. 2 Society. The Petitione...

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Bombay High Court Allows Partition Suit Plaintiff's Writ Petition, Sets Aside Appellate Order That Reversed Trial Court's Injunction. Court Holds That a Consent Deed Is a Valid Conveyance and That a Plaintiff in Possession Through Vendors Is Entitled to Injunction Against Trespasser.

The petitioner, Balwant Krishna Thorat, filed a Regular Civil Suit No.208 of 2020 seeking partition of his share in the suit property and an injunctio...

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Bombay High Court Allows Second Appeal in Property Dispute, Sets Aside Concurrent Findings for Non-Compliance of Order 7 Rule 3 CPC. Court Holds That Non-Filing of Plan/Sketch with Plaint Is Not Fatal If Encroachment Can Be Identified Through Other Evidence.

The appellant, Pratapsingh Raoji Rane, filed a suit for mandatory injunction against the respondents, Jitendra Zoiba Rane and others, alleging encroac...

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Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance Under MOFA in Favor of Housing Societies. The Court held that the Competent Authority has jurisdiction to grant deemed conveyance under Section 11 of MOFA even if the developer retains development rights over part of the land.

The Petitioner-Developer, Kiran Builders Pvt. Ltd., challenged an order dated 15 May 2017 passed by the District Deputy Registrar, Co-operative Societ...

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Bombay High Court Allows Petition Challenging Civil Court Jurisdiction Over Wakf Property Injunction Suit. Wakf Tribunal Has Exclusive Jurisdiction Under Section 85 of Wakf Act, 1995.

The petitioner, original defendant in Regular Civil Suit No.34/2016, challenged the order of the Trial Court dated 11.06.2018 which held that the suit...