Search Results for "Commissioner's Report"

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Search Results for "Commissioner's Report"

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High Court

High Court Upholds Appellate Court's Grant of Temporary Injunction in Easement Dispute Based on Sale Deed Recital. The court affirmed the plaintiff's entitlement to an approach way as an easement by grant under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, due to a prima facie case and balance of convenience favoring injunction.

6 Apr 2026

The dispute involved a writ petition filed by the original defendant challenging the Appellate Court's judgment that allowed an appeal and granted tem...

High Court

Bombay High Court Allows Judgment Creditor's Claim for Statutory Interest Under Section 31(7) of Arbitration Act and Reimbursement of Expenses in Execution Proceedings. The court held that the judgment creditor is entitled to statutory interest on the award amount and reimbursement of costs and expenses as determined by the Commissioner's report.

29 Jun 2005

The case involves execution proceedings arising from a consent award dated 26th September 2001 passed by an Arbitral Tribunal. The award was in full a...

High Court

Bombay High Court Quashes Land Acquisition for Public Trust Due to Non-Compliance with Section 5A of Land Acquisition Act, 1894 — Commissioner Failed to Consider Objections Properly After Remand.

15 Jul 2011

The petitioners, owners of agricultural land in Paradsinga, challenged the acquisition of their land for the benefit of Respondent No. 3, a public tru...

High Court

Madras High Court Allows Second Appeal in Property Dispute Due to Non-Compliance with Remand Order. First Appellate Court Failed to Appoint Commissioner to Measure Property as Per Sale Deeds, Vitiating Its Judgment.

20 Jan 2025

The case involves a property dispute where the plaintiff originally filed a suit for declaration, permanent injunction, and mandatory injunction. The ...

High Court

Bombay High Court Dismisses Appellant's Second Appeal in Property Encroachment Dispute. Concurrent findings of fact regarding identification of suit plot based on sale deed boundaries and Commissioner's report upheld.

15 Jul 2010

The dispute in this Second Appeal arises from a property boundary and encroachment issue between two adjacent plot owners in Rewatkar Layout, Mouza Di...

High Court

Bombay High Court Allows Second Appeal in Property Suit — Commissioner's Report Admissible Without Examining Commissioner as Witness. Courts Below Erred in Ignoring Commissioner's Report and Map on Ground of Non-Examination of Commissioner, Contrary to Order 26 Rule 10(2) of Code of Civil Procedure, 1908.

5 Jul 2010

The appellants, who were the plaintiffs in the original suit, filed a second appeal against the concurrent dismissal of their suit for declaration of ...

High Court

Bombay High Court Sets Aside Confirmation of Commissioner's Report in Partition Suit — Emphasizes Need to Consider Gift Deed Before Final Decree. The court held that the trial court's failure to consider the petitioner's objection based on a Gift Deed dated 13.06.2007 before confirming the Commissioner's report under Order 26 Rule 14 CPC caused injustice, and directed reconsideration.

15 Mar 2010

The petitioner, Shashikant Vasudev Mahale, original defendant no. 2, filed a writ petition under Article 227 of the Constitution of India challenging ...

High Court

Bombay High Court Dismisses Revision Against Injunction in Land Dispute Over 33-Foot Shiv (Boundary) — Plaintiff's Possession and Ownership Upheld Based on Title Documents and Commissioner's Report.

13 Jan 2010

The plaintiff, Murlidhar s/o Ramnivas Kabra, filed Regular Civil Suit No. 65 of 1995 before the Joint Civil Judge, Junior Division, Pathri, District P...

High Court

Karnataka High Court quashes appointment of court commissioner and extension of temporary injunction in civil appeal. Appointment of commissioner in appeal without application under Order XLI Rule 27 CPC for additional evidence is invalid; expired injunction cannot be extended by mere memo without formal application.

28 Feb 2020

Two writ petitions under Article 226 of the Constitution were filed by M/s Cantreads (P) Ltd and Sri Gopalakrishna Charitable Trust challenging interl...

High Court

Bombay High Court Allows Second Appeal in Demarcation Suit, Setting Aside Concurrent Findings for Ignoring Amended Pleadings. The Court ruled that the lower courts' failure to consider the amended plaint which corrected the western boundary to 'Marotigol' and to appreciate the Commissioner's report and PW-2 testimony rendered the findings on boundaries unsustainable under Section 100 of the Code of Civil Procedure, 1908.

13 Dec 2011

The dispute arose from a suit for demarcation filed by the appellants, who claimed ownership of a property called 'Colombaticanavoril Mordi' admeasuri...

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