Search Results for "Partly Decreed"

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Bombay High Court Allows Second Appeal in Property Dispute Over Misreading of Judicial Auction and Inventory Proceedings. Courts below erred in misconstruing documents at Exhibit 40/C and Inventory Order No.82/84, affecting the appellants' title to property.

The case involves a second appeal before the High Court of Bombay at Goa arising from a property dispute. The appellants, Jose Antonio Pedro Menino Fe...

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Bombay High Court Allows Appeal by Maharashtra State Electricity Board Against Decree Declaring Demand Letter Illegal. Court Holds That Dispute Regarding Meter Accuracy Must Be Referred to Electrical Inspector Under Section 26(6) of the Indian Electricity Act, 1910, and Civil Suit Is Not Maintainable.

The Maharashtra State Electricity Board (Board) appealed against a decree passed by the Civil Judge, Senior Division, Kalyan, which declared a demand ...

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Bombay High Court Allows Second Appeal in Easement Case — Right of Way Established by Prescription. Plaintiffs' claim for easement of necessity fails due to alternative access, but right of way by prescription under Section 15 of Easements Act, 1882 is upheld based on 20 years of uninterrupted user.

The case involves a dispute over a right of way between two branches of the same family. The plaintiffs, Laxman Sagun Vaigankar and Sitabai Sitaram Va...

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Bombay High Court Upholds Contempt Order Against Municipal Corporation for Breach of Undertaking in Unauthorized Construction Case. Court Holds That Breach of Undertaking Given to Court Attracts Penalty Under Order 39 Rule 2A CPC.

The respondent, Bhikanlal Nanakchand Sharma, owned a shop near Mulund Checknaka, LBS Road, Mulund West, Mumbai. He and other shopkeepers had carried o...

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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Trial Court's Decree of Declaration and Injunction Based on Adverse Possession. Plaintiff's long possession and payment of taxes established ownership by adverse possession over suit mill.

The case involves a dispute over a mill with an area of 134 sq. metres. The plaintiff, Amaral Pereira, claimed that his grandmother, Maria Francisca F...

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Bombay High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Possession Upheld. Court holds that the plaintiff's possession over suit plots was established through evidence and the defendants failed to prove their title or prior possession.

The case involves a second appeal filed by the defendants (appellants) against the concurrent judgments of the trial court and the first appellate cou...

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Bombay High Court Dismisses Second Appeals in Property Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner cannot claim adverse possession against another co-owner unless there is clear ouster and hostile title asserted.

The case involves a property dispute between two brothers, Gurudayalsing Bindra (original defendant, now represented by his legal representatives as a...

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Bombay High Court Allows Appeal in Land Revenue Code Case — Suit Barred by Limitation. One-year limitation period under Article 14(4) of Goa, Daman and Diu Land Revenue Code, 1968 computed as British calendar year, suit filed on 24.10.2003 against order dated 24.10.2002 held time-barred.

The appeal arises from a judgment and decree dated 30.08.2007 passed by the Adhoc District Judge, FTC-I, South Goa, Margao, in Civil Suit No. 160 of 2...

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Bombay High Court Allows Second Appeal in Property Dispute Due to Invalid Substituted Service. Court holds that permission for substituted service under Order 5 Rule 20 CPC requires satisfaction that defendant is avoiding service, and mere non-service is insufficient.

The case involves a second appeal filed by the original plaintiff, Ramesh Jagannath Ingole, against the judgment of the first appellate court which al...