Search Results for "interim possession"

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Search Results for "interim possession"

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High Court

High Court of Karnataka Adjudicates Appeal in Ejectment Suit — Dispute Over Tenancy and Part Performance Under Section 53A Transfer of Property Act. Plaintiffs Claimed Tenancy Had Terminated; Defendants Asserted Possession Under Agreement to Sell and Assignment, Invoking Shield of Part Performance.

23 Sep 2020

This appeal under Section 96 of the Code of Civil Procedure, 1908, arose from the dismissal of a suit for ejectment filed by five sisters against two ...

High Court

Bombay High Court Allows Compromise Decree in Property Suit Despite Third-Party Intervention Claim — Consent Terms Binding on Parties, Intervener's Rights Not Affected. The Court held that a compromise between the original parties does not affect the rights of a third party claiming independent title, and such third party need not be impleaded in the suit.

29 Nov 2024

The judgment arises from a suit filed by Vinesh Rashmikant Shah and others (Plaintiffs) against Pee Jay Traders and others (Defendants) concerning dis...

High Court

Bombay High Court Dismisses Plaintiff's Application for Decree of Possession Under Order XII Rule 6 CPC — No Clear Admission Found in Society's Letters. Admission Must Be Unambiguous and Unequivocal for Judgment on Admissions; Letters Merely Acknowledging Receipt of Documents Do Not Constitute Admission of Ownership.

5 Feb 2019

The plaintiff, Mahesh B. Chaudhary, filed a suit seeking possession of Flat No.17, 1st floor, Radha Sadan Co-operative Housing Society Ltd., and a dec...

High Court

Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds First Appellate Court's Declaration of Unlawful Possession and Order for Vacant Possession. The Court held that the plaintiff failed to prove tenancy rights and that the defendant's title by sale deed from mortgagee was valid, rejecting the plaintiff's claim of adverse possession.

5 Mar 2024

The case involves a property dispute over City Survey No. 2463 at Wai, Satara. The plaintiff, Ramesh Anandrao Shirke (since deceased, represented by l...

High Court

Bombay High Court Allows Second Appeal in Property Suit — Finds Substantial Question of Law on Adverse Possession and Co-owner's Possession. Court holds that possession of one co-owner is possession of all co-owners unless there is ouster, and that the trial court's finding of adverse possession was perverse.

29 Nov 2013

The case involves a second appeal filed by the original defendants against the judgment and decree dated 24.07.2012 passed by the learned District Jud...

High Court

Gujarat High Court Dismisses Revision Against Possession Warrant Under Presidency Small Cause Courts Act, 1882 — Licensee's Alternative Accommodation Irrelevant. Court holds that summary remedy under Section 41 is available to licensor upon revocation of license, and pendency of civil suit or licensee's other property does not affect the right to possession.

21 Jan 2026

The case involves a revision application under Section 115 of the Code of Civil Procedure, 1908, filed by Pradipkumar Gordhandas Patel (revisionist) a...

High Court

Bombay High Court Allows Appeal by Administrator in Suit for Declaration of Void Lease and Possession, Setting Aside Single Judge's Order Dismissing Interim Relief on Limitation Ground. Court holds that Section 9A CPC requires preliminary issue on jurisdiction to be decided before hearing interim relief, but if court decides to hear interim relief, it must consider merits and not dismiss on limitation alone.

19 Jul 2012

The case involves two appeals arising from a judgment of a Learned Single Judge of the Bombay High Court dated 19 July 2010, on a Notice of Motion for...

High Court

Bombay High Court Allows Appeal Against Appointment of Court Receiver in Property Dispute — Appellant Not a Party to Agreement and Not in Possession, Receiver Appointment Set Aside. The court held that the learned Single Judge erred in appointing a receiver without considering that the appellant was a third party and not in possession of the suit property.

12 Sep 2023

The present appeal was filed by Rajaram Chavan Real Estate Pvt. Ltd. (the appellant), who was originally Defendant No.7 in a commercial suit, challeng...

High Court

Bombay High Court Quashes Orders of De-requisition and Possession Handover Under Bombay Land Requisition Act. State Held Obligated to Deliver Possession of De-requisitioned Premises to Landlord, Not Unauthorised Third Party, Under Sections 9(1) and 9(3) of the Act.

26 Apr 2018

The writ petition arose from a dispute regarding Room No. 26, Chhotani Building, Lower Parel, Mumbai. The petitioner was the landlord of the building....

High Court

Bombay High Court Allows Asset Reconstruction Company's Petition Against DRT Interim Relief in SARFAESI Act Case — Assignment of Debt by IIFL Upheld. The court set aside the DRT and DRAT orders granting ad-interim relief restraining the petitioner from taking steps in respect of secured assets under Section 17 of the SARFAESI Act, 2002, as the tribunals failed to consider the validity of the assignment and the balance of convenience.

18 Jan 2023

The petitioner, ASREC (India) Ltd., an Asset Reconstruction Company, challenged the order of the Debt Recovery Tribunal (DRT) dated 2 June 2022 granti...

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