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Bombay High Court Dismisses Revision and Writ Petitions in Property Dispute, Upholding Appointment of Court Receiver. Court holds that disputes regarding title and possession cannot be decided in summary proceedings and that appointment of receiver is a discretionary remedy to preserve property.

The judgment arises from a property dispute concerning a piece of land in Mumbai. The original plaintiff, Amedmal Bhatewada (since deceased), filed a ...

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Bombay High Court Allows Writ Petition Against Executing Court's Rejection of Execution Application for Arbitral Award. Court Holds That Section 36 of Arbitration and Conciliation Act, 1996 Does Not Require Separate Application Under Section 34 for Execution of Arbitral Award.

The petitioner, Shriram Transport Finance Company Limited, obtained an arbitral award on 09.04.2014 directing the respondents to pay Rs. 74,094/- with...

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Bombay High Court Allows Writ Petition Challenging Execution of Preliminary Decree in Partition Suit — Execution of Preliminary Decree Without Final Decree Held Non Est. The court held that only a final decree is executable under Order 20 Rule 18 CPC, and execution of a preliminary decree is a nullity.

The petitioners, who were defendants in a partition suit, filed a writ petition challenging orders passed by the Joint Civil Judge, Senior Division, S...

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Bombay High Court Dismisses Revision Against Order for Possession Under Order XXI Rule 95 CPC — Auction Purchaser Entitled to Delivery of Property from Judgment Debtors After Confirmation of Sale.

The applicants, original judgment debtors, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging an o...

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Bombay High Court Allows Attachment of Decreetal Amount for Unpaid Legal Fees Under Order 38 Rule 5 CPC. Legal Practitioner's Claim for Professional Fees and Expenses Upheld as the Only Property of the Defendant Was the Decreetal Amount in Acquisition Proceedings.

The petitioner, a legal practitioner, filed a suit for recovery of unpaid professional fees and expenses amounting to Rs.1,42,975/- against the respon...

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Bombay High Court Allows Revision Application in Civil Suit — Upholds Right of Heirs to Seek Impleadment Under Order 22 Rule 4 CPC. Court holds that abatement of suit against deceased defendant does not automatically bar substitution of legal representatives if application is made within limitation.

The case arises from a civil suit filed by the respondents (original plaintiffs) against several defendants, including Balbhim Govind Deshpande (origi...

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Bombay High Court Dismisses Writ Petition Challenging Impleadment in Execution Proceedings. Executing Court's Order Allowing Impleadment of Legal Heirs Upheld Under Order 1 Rule 10 CPC Despite Prior Deletion Based on Release Deed.

The petitioner, Bhausaheb Dattatray Patil, was the original owner of the suit property. He filed Regular Civil Suit No.95 of 1985 for possession again...

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Bombay High Court Dismisses Petition Challenging Rent Order Under Maharashtra Rent Control Act — Tenant's Eviction Upheld for Non-Payment of Rent. Court Held That Rent Controller's Order Directing Deposit of Rent and Mesne Profits Was Justified and Not Requiring Interference Under Article 227.

The petitioner, Somnathappa s/o Nagnathappa Halge, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 05/...