Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
FIRDOSH P. POONIWALLA, J
Devendra Ramchandra Palsamkar – Appellant
Versus
Gajanan Raghunath Patkar – Respondent
| Table of Content |
|---|
| 1. plaintiffs filed suit for injunction (Para 1 , 2 , 3 , 4) |
| 2. defendant's unauthorized construction (Para 5 , 6 , 7) |
| 3. defendant's claims of ownership (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 4. first appeal dismissed (Para 35) |
Judgement:
1. This First Appeal is filed by the Original Defendant No.1 challenging the Judgement dated 1st October 2012, passed by the Bombay City Civil Court at Dindoshi, decreeing Suit No.1341 of 2010.
3. Suit No.1341 of 2010 was filed seeking the following relief:
4. The Plaintiffs’ case in the Plaint is as under:
b. By a Deed of Conveyance dated 18th October 1897, one Purshottam Atmaram Patkar, the grand father of the Plaintiffs and Defendant Nos.2 to 7, purchased the suit property from Haridas Narayandas for the consideration and on the terms and conditions mentioned therein. The said Purshottam Atmaram Patkar died in the year 1920 leaving behind him three sons namely (i) Raghunath Purshottam Patkar (ii) Krishnarao Purshottam Patkar and (iii) Pandharinath Purshottam Patkar. The said Pandharinath Purshottam Patkar died intestate as a bachelor on 2
In a suit for permanent injunction, a plaintiff must establish possession; mere claims of ownership without evidence do not suffice to challenge established rights.
In a suit for permanent injunction, the plaintiff must establish possession of the property to obtain relief, and mere claims of ownership by a defendant do not suffice to cloud the title of the plai....
In a suit for permanent injunction, the plaintiff must establish possession; failure to contest evidence leads to confirmation of ownership and injunction.
Suit filed for perpetual injunction by plaintiff, when there is cloud over title is not maintainable.
Suit of the plaintiff for bare injunction is not maintainable and the First Appellate Court could not have decreed the suit of the plaintiff, when the defendants apart from denying the title and poss....
A plaintiff must prove ownership and possession to succeed in claims for permanent and mandatory injunctions, which was not established in this case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
