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Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Concurrent Findings of Encroachment. Suit for possession decreed as appellant-defendant failed to prove title and encroached on plaintiff's plot.

The present second appeal arises from a property dispute. The original plaintiff, Badshaha s/o Maktumsaheb Basale (since deceased, represented by LRs)...

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High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint in Property Dispute — Plaint Discloses Cause of Action and Is Not Barred by Limitation. Order VII Rule 11 CPC Application Fails as Court Must Look Only at Plaint Averments and Not Evidence.

The applicant, Mr. Nilesh Sangodkar, filed a Civil Revision Application under Section 115 of the Civil Procedure Code, 1908, challenging the order dat...

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WRIT PETITION NO. 10475 OF 2011

The case involved a partnership firm (Petitioner) engaged in manufacturing soft gelatin pharmaceutical products, and a US corporation (Respondent No.1...

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Bombay High Court Allows Second Appeal in Adverse Possession Suit — Limitation Plea on Counter Claim Not Considered by Appellate Court. Failure to frame specific point on limitation for counter claim under Limitation Act, 1963 leads to remand.

The appellant, Smt. Tanubai Baburao Nanekar, filed a suit for declaration and permanent injunction claiming ownership of the suit property by adverse ...

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Supreme Court Dismisses Appeal in Property Title Dispute — Res Judicata Not Applicable as Earlier Suit Was Only for Injunction, Not Title. Former Students' Suit in Representative Capacity for Declaration of Government Ownership Maintainable Despite Earlier Injunction Decree.

The dispute pertains to a suit property bearing Sy.No.81 of Tumkur, originally belonging to Syed Md. Bokhari and Lankey. Due to non-payment of arrears...

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Bombay High Court Dismisses Petitions Challenging Mutation Entries in Land Revenue Records, Upholding Concurrent Findings of Civil Courts. Petitioners failed to establish possession or title over suit lands; mutation entries held not conferring title under Maharashtra Land Revenue Code, 1966.

The case involves multiple writ petitions filed by various petitioners challenging mutation entries made in the revenue records in favor of the origin...

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Bombay High Court Dismisses Landlords' Petition Challenging Small Causes Court's Power to Grant Injunction in Landlord-Tenant Dispute. Small Causes Court Has Jurisdiction Under Section 26 of Provincial Small Causes Court Act, 1887 to Grant Temporary Injunction Even When Third Party Claims Tenancy.

The case involves a writ petition filed by the landlords, Subhash s/o Stnarayan Joshi and another, challenging orders of the Small Causes Court and th...