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Bombay High Court Dismisses Petition Challenging Rejection of Temporary Injunction in Property Suit — Plaintiff Failed to Establish Prima Facie Case for Injunction Against Alienation of Ancestral Property.

The petitioner, Shamrao Vishnu Kunjir, filed a writ petition challenging the rejection of his application for temporary injunction in Regular Civil Su...

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High Court of Karnataka Kalaburagi Bench Considers Second Appeal in Suit for Permanent Injunction, Frames Substantial Questions of Law Regarding Pleadings and Title Dispute

This Regular Second Appeal arose out of an original suit for permanent injunction in a property dispute. The plaintiff claimed ownership and possessio...

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Bombay High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Possession and Title. Co-owner in possession cannot be dispossessed except by due process of law; decree for possession based on title is maintainable.

The present second appeal was filed by the original defendant (Rakesh Engineering, through its proprietor Chandrika Mohan Sharma) against the judgment...

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High Court Frames Substantial Questions of Law in Second Appeal Involving Exclusive Right to Perform Puja in Privately Owned Temple. Appeal Raises Issues on Admissibility of Old Documents Under Section 90 of Indian Evidence Act and Bar of Suit Under Bombay Hindu Places of Public Worship Act, 1956.

Background: The litigation arose from a dispute between two Hindu communities, the Badaves (plaintiffs) and the Lingayats (defendants), over the right...