Search Results for "easement"

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Search Results for "easement"

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High Court

High Court Upholds Appellate Court's Grant of Temporary Injunction in Easement Dispute Based on Sale Deed Recital. The court affirmed the plaintiff's entitlement to an approach way as an easement by grant under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, due to a prima facie case and balance of convenience favoring injunction.

6 Apr 2026

The dispute involved a writ petition filed by the original defendant challenging the Appellate Court's judgment that allowed an appeal and granted tem...

High Court

Bombay High Court Dismisses Second Appeal in Land Dispute Over Right of Way — Concurrent Findings of Fact Not Interfered With. The court held that a second appeal under Section 100 of the Code of Civil Procedure, 1908 cannot be entertained on questions of fact when findings are based on appreciation of evidence.

10 Mar 2017

The case involves a second appeal filed by the appellants (original plaintiffs) against the judgment and decree of the first appellate court which con...

High Court

Bombay High Court Allows Second Appeal in Easement Case — Right of Way Established by Prescription. Plaintiffs' claim for easement of necessity fails due to alternative access, but right of way by prescription under Section 15 of Easements Act, 1882 is upheld based on 20 years of uninterrupted user.

7 Apr 2006

The case involves a dispute over a right of way between two branches of the same family. The plaintiffs, Laxman Sagun Vaigankar and Sitabai Sitaram Va...

High Court

Madras High Court Upholds Easement of Necessity Over Cart Track in Partition Dispute Between Brothers. Plaintiff Granted Declaration and Mandatory Injunction for Access to Landlocked Property Under Section 13 of Indian Easements Act, 1882.

10 Apr 2026

The case involves two appeals arising from a suit between two brothers, T.M. Thiruvenkatasamy (defendant) and M.Sundararajan (plaintiff), concerning f...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Over Encroachment and Right of Way — Plaintiff's Title Upheld, Defendant's Right of Way Denied. The court found that the defendant encroached upon the plaintiff's property by constructing structures and had no right to use the plaintiff's entrance gate as there was an alternative access.

31 Jul 2012

The dispute concerns an open plot and structure (suit property) jointly purchased by Smt. Ashakkabai and Smt. Mankuwarbai in a court auction. They mad...

High Court

Bombay High Court Dismisses Petition Challenging Civil Court Decree in Suit for Injunction and Declaration — Concurrent Findings of Fact Not Interfered With Under Article 227. Petitioners failed to establish exclusive ownership over suit property; findings of trial court and first appellate court upheld as per Section 100 CPC.

1 Apr 2026

The petitioners, Ganesh D Tapkir and Santosh Krushna Patil, filed a writ petition under Article 227 of the Constitution of India challenging the judgm...

Supreme Court

Supreme Court Allows Appeal in Easement Rights Dispute Over Pathway — Vendor Cannot Confer Exclusive Right After Prior Grant of Access. Section 48 of Transfer of Property Act, 1882 applied to prioritize earlier right of way over later exclusive grant.

16 Jul 2019

The case involves a dispute over a pathway in Chennai. The original owner, C.L. Rajasekaran, owned a large parcel of land on Mowbrays Road. He sold po...

High Court

Bombay High Court Dismisses Appeal in Specific Performance and Easement Case — Plaintiff Fails to Prove Right of Way. Court holds that permissive user does not create easement of necessity or prescriptive easement under Indian Easements Act, 1882.

31 Mar 2006

The appellant, Smt. Shalini Laxman Wadnerkar, as the sole surviving legal representative of the original plaintiff G.G. Suvarnapathak, appealed agains...

High Court

Bombay High Court Dismisses Appellant's Second Appeal in Easement Right Case — Unregistered Agreement Cannot Create Easement or Transfer Ownership. Creation of right of easement by agreement requires registration under Registration Act, 1908 and does not result in transfer of ownership under Transfer of Property Act, 1882.

18 Jan 2018

The appellant, Pandhari Deogade, filed a second appeal before the Bombay High Court against the concurrent findings of the trial court and first appel...

High Court

Bombay High Court Allows Second Appeal in Easement of Necessity Case — Plaintiff Entitled to Use Disputed Way Despite Earlier Withdrawn Suit. Order 23 Rule 1 CPC Does Not Bar Fresh Suit When Subject Matter Differs and Withdrawal Was Without Liberty.

16 Sep 2015

The case involves a second appeal arising from a suit for declaration of easement of necessity and injunction concerning a disputed way over Survey No...

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