Search Results for "possession and enjoyment"

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Bombay High Court Allows Second Appeal, Restores Trial Court Decree for Right of Way. Plaintiffs Established Prescriptive Easement Under Section 15 of Indian Easements Act, 1882, After Proving Open and Peaceful Use for 30-35 Years.

The dispute concerned a right of way claimed by the plaintiffs, owners of agricultural fields near Walgaon village, to access their fields. They filed...

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Bombay High Court Upholds Injunction Restraining Defendants from Preventing Plaintiff's Possession of Suit Flat in Property Dispute Between Sisters. Court Rejects Plaintiff's Claim for Temporary Partition Wall, Holding That No Right to Create New Structure Exists Under Gift Deed or Law.

The case involves a dispute between two sisters over two adjoining flats originally owned by their father, Jagat Bhushan Jain. The father executed gif...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

The Regular Second Appeal was filed by the legal representatives of the original plaintiff, Alisab, against the judgment and decree dated 03.01.2006 p...

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Bombay High Court at Goa Dismisses Landlords' Revision Against Rent Court Order in Goa Rent Control Act Case — Tenants' Eviction Application Dismissed for Lack of Bona Fide Requirement and Non-Compliance with Notice Requirements.

The case involves a Civil Revision Application filed by the landlords (petitioners) against the judgment and order dated 30th April 2018 passed by the...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — No Substantial Question of Law Arises. Concurrent findings of fact regarding joint family status and limitation cannot be interfered with under Section 100 CPC.

The appellants, along with one Ramappa, filed a suit for declaration, partition, and separate possession of suit schedule properties, alleging the exi...

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Bombay High Court Upholds Conviction for Outraging Modesty and Assault in Revision Against Acquittal of Other Charges. Minor inconsistencies in victim's testimony do not discredit her credible evidence under Section 354 IPC.

The case arises from a criminal revision application filed by Rajesh Swarupchand Kankaria and others (original accused nos.1 to 3) challenging their c...

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Bombay High Court Allows Appeal Against Injunction in Property Dispute Over Passage and Gate. Trial Court Failed to Consider Leave Application Under Order II Rule 2 CPC Before Granting Interim Relief.

The appeal arises from a suit filed by Respondents 1 to 4 (plaintiffs) against the appellant (defendant No.1) and the Municipal Corporation (defendant...