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Bombay High Court Sets Aside Order Striking Off Defence in Easement Suit — Inquiry Required Before Penalty Under Order XXXIX Rule 2A CPC. The court held that striking off defence is a harsh order and can only be passed after an inquiry establishing wilful disobedience of an injunction order.

The appellants, original defendants in a suit for easementary rights, challenged an order of the Civil Judge, Senior Division, Quepem dated 16.9.2020,...

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High Court of Bombay at Goa Dismisses Appeal by Goa University Against Injunction in Easement Dispute. Right of Way Claim Upheld Based on Long User and Necessity Under Indian Easements Act, 1882.

The case involves an appeal by Goa University (original defendants) against an order dated 24.06.2016 passed by the District Judge-1, North Goa, Panaj...

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Bombay High Court Dismisses Second Appeal in Easement of Way Claim — Concurrent Findings of Fact Not Disturbed. Prescriptive Easement Claim Fails as Plaintiff Failed to Prove User as of Right for 20 Years Under Section 15 of the Easements Act, 1882.

The appellant, original plaintiff, filed a suit seeking a declaration of easement of way by prescription over a motorable access running through the d...

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Bombay High Court Upholds Striking Off Wife's Defence for Breach of Access Order in Divorce Proceedings. Family Court's Power Under Section 24 of Hindu Marriage Act, 1955 Includes Striking Off Defence for Non-Compliance with Interim Orders.

The case involves a writ petition filed by the wife, Mrs. Vimi Vinod Chopra, challenging the order of the Family Court No. 4, Mumbai dated 13.10.2010,...

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Bombay High Court at Goa Allows Revision Petition in Section 133 CrPC Right of Way Dispute. Dispute over easementary rights between Mundkars held to be of civil nature, not amenable to summary proceedings under Section 133 CrPC.

The case involves a criminal revision petition filed by Shri Laxman alias Bala Govekar (petitioner) against an order of the learned Sessions Judge, Ma...