Search Results for "Joint decree"

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Gujarat High Court Dismisses Appeal Against Decree for Removal of Unauthorized Construction in Property Dispute. Partition Deed and Commissioner Report Establish Encroachment, Affirming Trial Court's Injunction Under Section 96 CPC.

The case involves a first appeal under Section 96 of the Code of Civil Procedure, 1908, filed by the defendant (appellant) challenging the judgment an...

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Bombay High Court Dismisses Writ Petition by Irrigation Department Against Enhanced Compensation Award. Court Upholds Reference Court's Determination of Market Value Under Land Acquisition Act, 1894 for Agricultural Land Acquired for Irrigation Project.

The petitioner, the Executive Engineer of the Irrigation Department, Zilla Parishad, Latur, filed a writ petition challenging the judgment and award o...

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Bombay High Court Dismisses Petition Challenging Interim Compensation Order in Lease Dispute. Appellate court's order granting interim compensation under Section 43(1) of the Presidency Small Cause Courts Act, 1882 upheld as compensatory and not penal.

The petitioners, heirs of the original lessee Hashambhai Jetha, were granted a lease of a plot of land admeasuring 3341 sq. yards by an Indenture of L...

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Supreme Court Upholds Indemnity Claim for Loss of Ownership Despite Continued Possession. Indemnity Bond Enforceable When Purchaser's Title Defeated by Creditor's Sale, Even Without Dispossession.

The dispute arose from a sale of land by a father (second defendant) of property belonging to himself and his minor son (third defendant). To protect ...

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High Court of Bombay Holds Second Appeal by Pendente Lite Purchasers Maintainable. Purchasers Entitled to Appeal Against Appellate Decree Favoring Defendants Under Order XXII Rule 10 CPC.

The dispute concerned title and possession of a suit house. The original plaintiff, Sonuji Maharuji Raut, filed Regular Civil Suit No. 295 of 1982 aga...

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High Court of Bombay at Aurangabad Allows Appeals From Order, Restores Dismissal of Civil Suits as Barred by Res Judicata. The Court Holds That Ex-Parte Decree in Earlier Suit Over Same Land Operates as Res Judicata Under Section 11 CPC Against Plaintiffs Who Were Parties to Former Suit.

The appeals arose from a common judgment of the District Judge, Udgir, which had allowed the plaintiffs’ appeals against the dismissal of their suit...

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Bombay High Court at Goa Dismisses Second Appeal in Property Partition Suit — Upholds Concurrent Findings of Courts Below on Joint Family Property and Limitation. The court held that the suit for partition was not barred by limitation and that the property was joint family property, not self-acquired.

The case involves a second appeal filed by the defendants against the judgment and decree of the District Judge, South Goa, Margao, in Regular Civil A...

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Bombay High Court Adjudicates Testamentary Suit Over Letters of Administration of Intestate Estate. Heirs' rights to apply for administration and valuation of deceased's partnership interest were contested, with caveator's objection not withdrawn despite release deed.

The proceedings concerned a petition for Letters of Administration to the estate of Shankarrao H. Parelkar, who died intestate on 8 November 1979. He ...