Search Results for "demarcation suit"

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Search Results for "demarcation suit"

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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...

High Court

Bombay High Court Addresses Interim Applications in Redevelopment Contract Dispute Between Developer and Partner. The Court Examines Injunctions Against Termination and Alienation of Property Under the Specific Relief Act.

27 Jun 2013

The plaintiff, Shapoorji Pallonji & Company Ltd., a company incorporated under the Companies Act, 1913, filed Suit No. 1512 of 2009 before the Bombay ...

High Court

Bombay High Court Upholds Appointment of Court Commissioner in Perpetual Injunction Suit — Review Rejected as Not Maintainable. The court held that appointment of a Court Commissioner under Order 26 Rule 9 CPC is a procedural order not amenable to review under Order 47 Rule 1 CPC, and that the trial court did not exceed its jurisdiction in appointing a commissioner to ascertain the identity and extent of the suit property.

28 Aug 2019

The petitioners, defendants in Regular Civil Suit No.98 of 2008, challenged two orders passed by the 5th Joint Civil Judge, Junior Division, Pune: (1)...

High Court

High Court of Bombay Disposes Cross Appeals from Trial Court's Injunction Order in Suit for Demolition and CRZ Declaration; Construction in CRZ Not Entitled to Completion Certificate Though Demolition Restrained When Built Per Sanctioned Plan.

15 Nov 2019

The dispute arose from a notice dated 7th February 1998 issued by the Municipal Corporation of Greater Bombay under Section 354A of the Mumbai Municip...

Supreme Court

Supreme Court Partially Allows Appeal in Land Title Dispute Under Wilkinson's Rules — Limits Decree to Half Property Claimed in Plaint. The Court held that a decree cannot grant relief beyond what is claimed in the plaint, and the majority award under Wilkinson's Rules is binding unless corruption or contravention of custom is proved.

27 Aug 2019

The case involves a civil appeal before the Supreme Court of India arising from a land title dispute in the Kolhan area of Singhbhum, Bihar (now Jhark...

Supreme Court

Supreme Court Remands Land Dispute Case for Fresh Trial Due to Procedural Irregularity in Demarcation Report. The High Court's dismissal of the suit was set aside as the First Appellate Court had relied on other evidence besides the Commissioner's report, and the matter required fresh consideration.

4 Feb 2019

The case involves a land dispute between the appellants (plaintiffs) and respondents (defendants) over Khasra No. 146. The plaintiffs alleged that the...

High Court

Bombay High Court Allows Court Receiver's Report and Additional Report in Land Dispute — Directs Demarcation and Removal of Encroachments. Court upholds Receiver's authority to manage suit property and take steps to protect it from unauthorized development.

14 Jan 2013

The case pertains to a long-standing dispute over land survey No.34/1 and 35/3 at Panchpakhadi, Thane. The appellants had challenged a trial court ord...

High Court

Bombay High Court Dismisses Revision Petition in Property Dispute — Appointment of Court Commissioner for Measurement Upheld. The court held that appointment of a commissioner under Order 26 Rule 9 CPC is permissible to elucidate any matter in dispute, including measurement, and the revisional court should not interfere with such discretionary orders.

27 Sep 2016

The petitioner, original defendant No.1 in Special Civil Suit No.21 of 2011, challenged the order dated 2nd December 2011 passed by the learned Civil ...

High Court

NOTICE OF MOTION NO. 443 OF 2012

27 Jun 2013

The matter arises out of Suit No. 1512 of 2009 before the Bombay High Court, filed by Shapoorji Pallonji & Company Ltd. against Jignesh Shah, Aruna Sh...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Final Decree Proceedings in Partition Suit — Upholds Trial Court's Discretion to Appoint Commissioner for Division of Property by Metes and Bounds Under Order 26 Rule 9 CPC. The court held that appointment of a Commissioner is a procedural step to assist the court in effecting partition and does not determine rights; parties can file objections to the Commissioner's report.

23 Sep 2015

The petitioner, Sri G. Sathyavelu, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging two orders passed by the X...

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