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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement to Sell Not Proved as Genuine Due to Lack of Evidence of Execution.

The appellants, original plaintiffs, filed a suit for specific performance of an agreement to sell dated 15th June 1981, allegedly executed by the res...

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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 Dismisses Second Appeal in Encroachment and Possession Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Defendants' Encroachment on Plaintiffs' Land Upheld Based on Measurement and Revenue Records.

The present second appeal was filed by the original defendants challenging the concurrent findings and decree in R.C.A. No.65/2015 by the learned Dist...

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Bombay High Court Allows Fisherman's Petition in Fishing Stake Dispute — Directs Use of Google Earth Mapping to Resolve Location Ambiguity. Precise Location Requirement in Permissions Under Goa Fisheries Rules, 1981 Emphasized to Avoid Needless Litigation.

The petitioner, a fisherman by profession, filed a writ petition before the Bombay High Court at Goa regarding fishing stakes in the Carambolim area. ...

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Bombay High Court Allows Second Appeal in Property Dispute Over Encroachment and Rainwater Drainage. Court finds that the first appellate court failed to consider the map attached to the sale deed and the trial court's findings on encroachment, remanding the matter for fresh consideration.

The appellant, Meenadevi Vatnani, filed a Second Appeal against the judgment of the Principal District Judge, Amravati, dated 5.3.2014, which reversed...

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Bombay High Court Allows Second Appeal in Land Encroachment Suit Due to Lack of Proper Measurement. Court holds that re-measurement of suit field and adjoining lands is necessary to determine encroachment when description of property in plaint is insufficient under Order VII Rule 3 CPC.

The case involves a second appeal filed by Laxman Wamanrao Nagapure against the judgment and order dated 6.8.2012 passed by the learned District Judge...