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Bombay High Court Dismisses Appeal in Suit for Declaration and Injunction — Failure to Prove Title and Possession. Court upholds dismissal of suit for declaration of ownership and injunction based on insufficient evidence of title and possession under the Specific Relief Act, 1963.

The appellants, Noorjahan and others, filed a suit for declaration of ownership and permanent injunction against the respondents in respect of a prope...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Amendment Seeking Declaration of Co-ownership Barred by Limitation. Section 58 of Limitation Act, 1963 applies to amendments introducing new claims after expiry of limitation period.

The case involves a second appeal arising from a suit for specific performance of an agreement for sale of immovable property. The original plaintiffs...

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Bombay High Court Allows Appeal in Specific Performance Suit — Injunction Granted Against Alienation of Property. Development Agreement for Cessed Building Confers Prima Facie Rights; Balance of Convenience Favors Developer.

The appeal arises from an order of a learned Single Judge declining relief in a Notice of Motion taken out by the appellants in a suit for specific pe...

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Bombay High Court Allows Appeal in Land Acquisition Compensation Case — Enhances Compensation for Acquired Agricultural Land. Court held that market value must be determined based on potential use and comparable sales, not merely classification as agricultural land.

The appellants, owners of agricultural land in Naiguinim, Bicholim, Goa, challenged the compensation awarded by the Reference Court under the Land Acq...

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Bombay High Court Dismisses Petition Challenging SRA Order in Slum Rehabilitation Dispute — Petitioner Failed to Establish Entitlement to Alternate Accommodation Under SRA Scheme.

The petitioner, Samir Narain Bhojwani, filed a writ petition challenging an order passed by the Assistant Registrar, C.S. (Eastern & Western Suburban)...

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Bombay High Court Allows Second Appeal in Property Dispute, Sets Aside Concurrent Findings for Non-Compliance of Order 7 Rule 3 CPC. Court Holds That Non-Filing of Plan/Sketch with Plaint Is Not Fatal If Encroachment Can Be Identified Through Other Evidence.

The appellant, Pratapsingh Raoji Rane, filed a suit for mandatory injunction against the respondents, Jitendra Zoiba Rane and others, alleging encroac...

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Bombay High Court Dismisses Second Appeal in Gunthewari Regularization Dispute. Civil Court Jurisdiction Barred Under Section 18 of Maharashtra Gunthewari Development Act, 2001 for Challenging Regularization Order Under Section 3 of the Act.

The appellants, original plaintiffs, filed Regular Civil Suit No.185 of 2015 challenging an order of regularization dated 12.12.2006 passed under Sect...