Search Results for "mundkarial right"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Search Results for "mundkarial right"

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High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Appellate Order — Plaint Rejected Under Order 7 Rule 11 CPC as Suit Barred by Limitation and Section 170 of Representation of the People Act, 1951. The court held that the suit seeking declaration of public documents as fraudulently obtained was barred by limitation and by Section 170 of the Representation of the People Act, 1951, and thus the plaint was liable to be rejected.

22 Apr 2024

The petitioners, original defendants, challenged an order of the District Judge-2 Panaji at Ponda dated 17.10.2023, which allowed an appeal by the res...

High Court

Bombay High Court Dismisses Petitions Challenging Executing Court's Refusal to Stay Execution in Mundkar Rights Claim. Court holds that mere filing of a declaration suit before Mamlatdar does not create a right to stay execution proceedings under Order XXI Rule 97, 99, 101 CPC.

15 Apr 2024

The petitioners, Lawrance Pereira and Juliana Pereira, filed Writ Petition No. 611 of 2023 challenging the order dated 06.09.2023 passed by the Execut...

High Court

High Court of Bombay at Goa Allows Appeal Against Rejection of Plaint in Property Dispute — Gift Deed Validity and Cause of Action Must Be Decided at Trial. The court held that allegations of nullity of gift deed and co-ownership disclose a cause of action, and plaint cannot be rejected under Order VII Rule 11(a) CPC at the threshold.

17 Jan 2024

The present appeal arises from an order dated 03/05/2023 passed by the learned trial court rejecting the plaint under Order VII Rule 11(a) of the Code...

High Court

High Court of Bombay at Goa Dismisses Petition Challenging Injunction Order in Construction Dispute — Upholds Appellate Court's Restraint on Construction Within Setback Area. The court held that the balance of convenience favoured the respondents and the petitioners failed to show irreparable loss, as the construction would block light and air to the respondents' property.

3 Mar 2023

The petitioners, original defendant nos. 1(a) and 2 in Regular Civil Suit No.76/2009/C, challenged the judgment and order dated 11.05.2022 passed by t...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

23 Feb 2017

The case involves a second appeal filed by the appellants, who were the original plaintiffs, against the judgment and decree of the lower appellate co...

High Court

Bombay High Court Quashes NOC and Construction Licence for Non-Compliance with Land Conversion Requirements. Certificate of Existence of Structures Based on Mundkarial Huts Held Invalid to Avoid Conversion Fees Under Land Revenue Code.

16 Jul 2015

The petitioners, Colva Civic and Consumer Forum, filed a writ petition challenging the NOC dated 28/3/2007 issued by the Deputy Town Planner (responde...

High Court

High Court of Bombay at Goa Dismisses Writ Petition Challenging Mundkar Declaration — Upholds Concurrent Findings That Petitioners Failed to Prove Mundkar Status Under Section 8A of Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975. The court held that the burden of proof lies on the claimant and the concurrent findings of fact cannot be interfered with in writ jurisdiction unless perverse.

12 Oct 2012

The petitioners, Shri Vassant Krishna Palyekar and Smt. Vanita V. Palyekar, filed a writ petition challenging the common judgment and order dated 05.0...

High Court

Bombay High Court Dismisses Petition Challenging Injunction Orders in Property Dispute — Mundkar Rights and Possession Prima Facie with Respondent. The court upheld the dismissal of temporary injunction as the respondent established mundkar rights and possession through survey records, and the petitioner failed to show better title or possession.

4 Oct 2012

The petitioner, Shri Shantadurga Kumbarjuvenkarin Devasthan, filed a writ petition challenging the orders of the courts below dismissing its applicati...

High Court

Bombay High Court Allows Second Appeal in Mundkar Property Dispute — Civil Court Lacks Jurisdiction Over Mundkar Status Under Section 31(2) of Goa Daman and Diu Mundkar (Protection from Eviction) Act, 1975. Mandatory Injunction for Demolition Set Aside as Suit Partly Barred by Limitation.

20 Jan 2006

The case involves a Second Appeal filed by the defendants against the judgment and decree of the lower appellate court in a suit for demolition of str...

High Court

Bombay High Court Allows Impleadment Challenge in Mundkar Rights Case — Trial Court Exceeded Jurisdiction by Ordering Impleadment Without Ascertaining Mundkarial Right. The court held that impleadment under Order 1 Rule 10 CPC requires a finding that the person is a necessary or proper party, and a mundkarial right cannot be assumed without a declaration under the Goa Mundkars (Protection from Eviction) Act, 1975.

13 Jan 2006

The petitioners, original plaintiffs, filed a Regular Civil Suit No.67/2003/A before the Civil Judge, Senior Division, Quepem, seeking relief in respe...

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