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Search Results for "defendant's right"

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High Court

Plaintiff’s Suit for Property Possession Upheld. Court Rules in Favor of Plaintiff’s Ownership Claim Despite Defendants’ Incomplete Sale Agreement Defense

28 Jun 2024

This appeal was filed against the judgment and decree of the 2nd Ad-hoc Additional District Judge, Wardha, which overturned the decision of the Civil ...

High Court

Bombay High Court Allows Plaintiff's Suit for Declaration and Possession in Property Identity Dispute. Plaintiff Established Use of Name Pushpa/Pushpalata Interchangeably and Held to Be True Owner of Flat Under Cooperative Society Share Certificate.

7 Aug 2015

This suit involved a dispute between two sisters-in-law over the ownership of a residential flat in Mumbai. The plaintiff, Pushpalata Sohanlal Sharma,...

High Court

Bombay High Court Allows Interim Application in Suit for Specific Performance and Injunction — Prima Facie Case Established for Protection of Possession. Court restrains defendant from interfering with plaintiff's possession of suit premises pending disposal of suit under Specific Relief Act, 1963.

12 Sep 2025

The plaintiff, Indiaideas.com Limited, filed a suit for specific performance and permanent injunction against Supreme Chambers Condominium and Supreme...

High Court

High Court of Karnataka Allows Appeal Filed by Defendants Against Decree Setting Aside Earlier Partition Decree on Grounds of Limitation and Failure to Plead Fraud. Suit for Setting Aside Decree on Fraud Allegations Dismissed as Time-Barred Under Article 123 of Limitation Act, 1963, and for Lack of Material Particulars of Fraud.

27 Nov 2019

The appeal arose from a suit for declaration and setting aside a preliminary decree passed in an earlier partition suit. The original suit had been fi...

High Court

Bombay High Court Dismisses Petition Challenging Trial Court Order Refusing Deletion of Parties in Suit for Declaration and Injunction — Misjoinder of Parties and Causes of Action Not Established. The court held that the presence of defendants 6 to 8 was necessary for complete adjudication of the dispute relating to partnership property and family settlement under Order I Rule 10 CPC.

25 Oct 2013

The petitioners, defendants 1 to 4 in Special Civil Suit No. 2 of 2012, filed a writ petition challenging the trial court's order dated 18 April 2012,...

High Court

Bombay High Court Considers Second Appeal in Eviction Suit Where Title Was Disputed; Maintainability of Suit for Possession Without Declaration of Title at Issue. Court Frames Substantial Questions on Effect of Rent Controller's Finding and Evidentiary Value of Survey Records Under Goa Rent Control Act.

11 Feb 2021

The dispute pertained to a residential property known as 'Mordi' or 'Tanki' in Navelim, Goa. The plaintiffs, claiming through John Gomes, had filed an...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Over Encroachment and Right of Way — Plaintiff's Title Upheld, Defendant's Right of Way Denied. The court found that the defendant encroached upon the plaintiff's property by constructing structures and had no right to use the plaintiff's entrance gate as there was an alternative access.

31 Jul 2012

The dispute concerns an open plot and structure (suit property) jointly purchased by Smt. Ashakkabai and Smt. Mankuwarbai in a court auction. They mad...

High Court

Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

10 May 2013

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...

High Court

Madras High Court Considers Appeal in Partition Suit Over Alleged Benami Property and Gift Deeds. Trial Court Had Dismissed Plaintiff's Suit for Partition of Properties Claimed as Self-Acquired by Father, Relying on Benami Prohibition Act and Validity of Deeds.

10 Apr 2026

The appeal arose from a partition suit where the plaintiff, daughter of deceased Syed Hussain, claimed a share in three properties, alleging they were...

High Court

Bombay High Court Allows Second Appeal in Property Injunction Suit — Plaintiff's Possession of Suit Property 'B' Established by Prior Judgment and Revenue Records. Prior judgment in related suit operates as res judicata on possession issue, and revenue entries prove plaintiff's possession, warranting permanent and mandatory injunction.

3 Mar 2006

The plaintiff, Govind Anant Goltekar (since deceased, represented by legal heirs), filed Civil Suit No. 207/84 in the Court of Civil Judge, Senior Div...

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