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Bombay High Court Allows Second Appeal in Land Encroachment Suit — Remands Case for Fresh Measurement by Court Commissioner. Courts below erred in discarding survey evidence and rejecting application for appointment of Commissioner under Order XXVI Rule 9 CPC.

The appellant, Tulsabai, was the original plaintiff who filed a suit for possession after removing encroachment allegedly committed by the respondents...

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Bombay High Court Allows Fresh Measurement of Suit Land in Recovery of Possession Suit — Trial Court's Rejection of Commissioner Application Set Aside for Lack of Reasons. The Court directed appointment of a Court Commissioner for fresh measurement and map drawing under Order 26 Rule 9 CPC.

The petitioners, original defendants in RCS No.361/2009, filed a writ petition challenging the order dated 21/01/2014 passed by the Trial Court reject...

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Bombay High Court Allows Revision Against Ex-Parte Decree in Possession Suit — Defendant Denied Opportunity to Cross-Examine Due to Non-Prosecution of Suit. Trial Court Erred in Dismissing Suit for Default and Then Restoring It Without Notice to Defendant, Violating Principles of Natural Justice.

The petitioner, original defendant in R.C.S. No. 96 of 2007, challenged the ex-parte decree passed by the Civil Judge, Junior Division, Chalisgaon. Th...

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Bombay High Court Dismisses Second Appeal in Landlord-Tenant Dispute Over Eviction and Mesne Profits — Concurrent Findings of Subletting and Unauthorized Construction Upheld Under Section 100 CPC.

The case involves a second appeal filed by the original defendants (tenants) against the concurrent decrees of eviction and mesne profits passed by th...

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Bombay High Court Allows Second Appeal in Encroachment Suit — Remands for Fresh Consideration of Mesne Profits. Courts below erred in dismissing suit without considering evidence of encroachment and mesne profits under Section 6 of the Specific Relief Act, 1963.

The plaintiffs, owners of field Gat No. 268 admeasuring 5.88 HR at village Dhamana Bk, Tahsil Akot, District Akola, filed a suit alleging encroachment...

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Bombay High Court Allows Amendment in Execution Application to Correct Property Description. Executing Court Has Power to Allow Amendment Under Section 152 CPC to Align Execution with Decree.

The petitioner, as legal representative of the original plaintiff, had obtained a decree in Regular Civil Suit No.12/1997 for recovery of possession o...

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Bombay High Court Dismisses Second Appeal in Property Dispute Over BANDH and Trees — Plaintiff Fails to Prove Exclusive Title. Concurrent findings of fact upheld that disputed BANDH and trees are jointly owned by both parties based on Commissioner's map and evidence.

The case involves a dispute between the appellant (original plaintiff) and the respondent (original defendant) over a BANDH (embankment) and trees sit...

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Bombay High Court Directs Payment of Compensation for Railway Encroachment on Private Land Without Acquisition. Petitioner's land used for railway line without acquisition proceedings; court orders compensation under RFCTLARR Act, 2013.

The petitioner, Sumit S/o Ashokkumar Bharadiya, filed a writ petition before the Bombay High Court at Aurangabad alleging that the Railway Authorities...

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Bombay High Court Dismisses Tenancy Declaration Petition Due to Lack of Evidence of Cultivation and Payment of Rent. Petitioners failed to prove they were tenants under Section 70(b) of the Bombay Tenancy and Agricultural Lands Act, 1948.

The case involves a writ petition filed by several individuals (the petitioners) challenging the judgment and order of the Maharashtra Revenue Tribuna...

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Bombay High Court Quashes Summary Eviction Order Against 80-Year-Old Tenant in MHADA Redevelopment Dispute. Petitioner's Right to Alternate Accommodation Under Section 95A of MHADA Act Upheld as Board Failed to Provide Permanent Rehabilitation Before Eviction.

The petitioner, Sugrabai Gulam Abas Tambawala, an 80-year-old housewife, filed a writ petition under Article 226 of the Constitution of India challeng...