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Bombay High Court Allows Second Appeal in Encroachment Suit, Restores Trial Court Decree. First Appellate Court Erred in Reversing Ex-Parte Decree Without Considering Evidence of Encroachment by TILR.

The appellant, Sudhakar s/o Baburao Kulkarni, was the original plaintiff in Regular Civil Suit No. 143 of 2010 filed before the Civil Judge Junior Div...

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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 Second Appeal in Land Encroachment Suit — Remands for Fresh Consideration of Measurement Evidence. Court holds that the lower appellate court failed to consider the TILR's map and report, which constituted a substantial question of law under Section 100 CPC.

The present second appeal arises from a suit for possession of encroached land. The appellants, original plaintiffs, are members of a joint family own...

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Bombay High Court Restores Injunction in Land Dispute — Consolidation Scheme Error and Possession Report Justify Interim Protection. Appellate Court's Reversal Set Aside as It Ignored Material Evidence of Possession and Acquisition.

The petitioners, original plaintiffs, filed a suit for injunction restraining the respondents from interfering with their possession over land bearing...

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Bombay High Court Allows Writ Petition Challenging Ex-parte Order for Measurement of Land in Partition Suit — Violation of Natural Justice. Order Setting Aside Ex-parte Appointment of Court Commissioner Under Order 26 Rule 9 CPC Without Notice to Opposite Party.

The petitioners, who are defendants in a Regular Civil Suit for partition and separate possession, challenged an order dated 20.11.2010 passed by the ...

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Bombay High Court Dismisses Appellant's Second Appeals in Property Dispute — Concurrent Findings of Fact Upheld. Court finds no substantial question of law as appellant failed to prove title and respondent established adverse possession.

The case involves two cross suits between the appellant, Chandrakant Ramchandra Godhvinde, and the respondent, Anna Bhau Lone, concerning a property a...

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Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Fact on Encroachment and Title. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and concurrent findings of fact are not perverse.

The case involves two cross suits between Chandrakant Ramchandra Godhvinde (appellant) and Anna Bhau Lone (respondent) concerning a property admeasuri...

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High Court Allows Second Appeal in Land Encroachment Case — Appellate Court's Reversal Set Aside for Ignoring Material Evidence. Findings of Appellate Court vitiated for overlooking trial court's consideration of government measurement report and boundary marks.

The appellant, Sau. Rukhmabai, filed a second appeal against the judgment of the Appellate Court which reversed the trial court's decree in her favor....