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“Mandatory Injunction vs Possession: Supreme Court Clarifies Section 41(h) Specific Relief Act (2026 INSC 61)”“Cloud on Title & Possession: Why Injunction Suit Fails

In Sanjay Paliwal v. Bharat Heavy Electricals Ltd., the plaintiffs sought a mandatory injunction to remove a wall allegedly blocking access to their l...

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High Court of Karnataka Dismisses Second Appeal in Property Suit for Declaration and Injunction — Concurrent Findings of Fact Not Disturbed. Second Appeal Under Section 100 CPC Dismissed as No Substantial Question of Law Arises.

The appellants, legal representatives of the original plaintiffs, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, agains...

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Bombay High Court Upholds Eviction of Tenant for Unauthorised Permanent Construction Under Maharashtra Rent Control Act. Tenant's temporary structure argument rejected as Appellate Court found MS angles, asbestos sheets, and polythene roof constituted permanent construction causing danger to building.

The case involves a dispute between the respondent-landlord, Kadambagiri Estates Pvt. Ltd., and the petitioner-tenant, Mrs. Binaifer Batiwala, over ev...

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Bombay High Court Dismisses Tenant's Petition in Eviction Case Under Bombay Rent Act for Encroachment and Change of User. Concurrent findings of fact on grounds under Section 13(1)(c) and Section 13(1)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1974 upheld.

The petitioner, Laxmibai Ganpati Bhingare, was the tenant of an open plot admeasuring 30 sq.ft x 20 sq.ft in Sangli, owned by the respondent, Shivaji ...

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Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree. First Appellate Court's Reversal Set Aside for Failing to Appreciate Preponderance of Probability and Ignoring Undisputed Title of Appellant Over Part of Suit Property.

The case involves a second appeal filed by Smt. Laxmibai Govind Bhat Korde (appellant) against the judgment and decree of the First Appellate Court wh...

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Bombay High Court Dismisses Appeals in Property Dispute Between Education Society and Nagpur Improvement Trust — Declaration of Ownership Denied Due to Lack of Proof and Limitation. The court upheld the trial court's refusal to grant declaration but maintained the injunction against demolition.

The case involves two second appeals arising from a suit filed by The Shriram Education Society and others (appellants in SA 19/2013) against the Nagp...

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Bombay High Court Allows Municipal Corporation's Appeals in Encroachment Dispute, Holding Civil Court Lacks Jurisdiction. Shopkeepers' Suits for Declaration of Title and Injunction Dismissed as Property Vested in Corporation Under Bombay Municipal Corporation Act, 1888.

The Municipal Corporation of Greater Mumbai and its Assistant Municipal Commissioner filed appeals against an interim order passed by the City Civil C...