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Bombay High Court Allows Second Appeal in Property Dispute Over Restoration of Possession Without Specific Prayer. Court Holds That a Suit for Mandatory Injunction Cannot Be Construed as a Prayer for Restoration of Possession Under Specific Relief Act, 1963.

The case involves a second appeal arising from a property dispute. The respondents (original plaintiffs) filed Regular Civil Suit No.521/1986 before t...

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Bombay High Court Allows Appeal in Property Dispute, Sets Aside Injunction Against Dispossession. Plaintiff Failed to Prove Possession and Suit for Possession Based on Title Was Barred by Limitation.

The present First Appeal arises from a judgment of the City Civil Court, Mumbai, in S.C. Suit No.5551/1990, where the suit was decreed in favor of the...

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Bombay High Court Grants Temporary Injunction for Restoration of Possession in Suit for Specific Performance and Possession — Plaintiff Establishes Prima Facie Case and Balance of Convenience in His Favor.

The plaintiff filed an interim application seeking temporary injunction for restoration of possession of the suit premises during the pendency of the ...

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Bombay High Court Considers Restitution Plea in Testamentary Proceedings. Alleged Fraudulent Consent Terms Discharge Court Receiver Without Court Order; Applicants Seek Possession Restored.

The dispute arose from the estate of Shalini Devi Ghatge, who died on 12.08.1982 leaving two wills. One will dated 06.01.1982 was propounded by the ex...

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Bombay High Court Upholds Wakf Tribunal Decree for Possession of Wakf Property — Succession as Mutawalli Valid Under Atiyat Act. Property Registered as Wakf in 1975 Government List and Revenue Records Confirms Wakf Character, Defendant's Adverse Possession Claim Fails.

The case involves a civil revision application filed by Tukaram Dashrath Hiwre (original defendant No.1) against the judgment and order of the Wakf Tr...

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Bombay High Court Upholds Rejection of Application to Strike Out Handwritten Possession Prayer in 1985 Specific Performance Suit. District Judge's Finding of No Abuse of Process and Plausible Explanation Supported by Contemporaneous Record Under Order VI Rule 16 CPC.

The writ petition under Article 227 of the Constitution of India challenged an order dated April 3, 2025 passed by the District Judge-3, Panvel, rejec...

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Section 6 Specific Relief Act – Proof of Possession Mandatory.

This case arose from a dispute over possession of a dispensary premises in Mumbai between family members. The plaintiffs claimed that they were in set...

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Bombay High Court Dismisses Petition Challenging Execution of Possession Warrant in Specific Performance Decree. Decree for Specific Performance Implicitly Includes Possession Even Without Express Direction, and Executing Court Can Issue Warrant After Sale Deed Execution.

The petitioner, Baliram Kakde, challenged an order dated 13.06.2018 passed by the executing Court in RD No.38 of 2015, which allowed the application f...