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Bombay High Court Allows Appeal in Property Dispute — Consent Terms Not Binding on Applicants Under Order 21 Rule 99 CPC. Court holds that applicants who were not parties to consent terms are entitled to restoration of possession or alternative accommodation.

The case involves an appeal filed by the plaintiffs (appellants) against an order of a learned single Judge in a Chamber Summons taken out by Responde...

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Bombay High Court Dismisses Appeal Against Rejection of Impleadment Application in Property Suit — No Right to Implead as Defendants Without Legal Interest. Court holds that mere relationship or desire to be heard does not confer right to be impleaded as party under Order 1 Rule 10 CPC.

The case arises from a suit filed by respondent No.1 (original plaintiff) against the appellants (original defendants) concerning property disputes. T...

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Bombay High Court Dismisses Appeal Against Refusal to Revoke Leave Under Clause XII Letters Patent in Summary Suit on Guarantee. Jurisdiction upheld as part of cause of action arose in Mumbai due to disbursement and part payments.

The appeal arose from a summary suit filed by Rabo India Finance Limited (Plaintiff) against Gouri Prasad Goenka (Defendant) based on guarantees execu...

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Bombay High Court Allows Plaintiff's Inspection of Court Records Against Company in Liquidation. Official Liquidator Directed to Provide Access to Suit Papers for Recovery of Salary and Benefits Under Order XI Rule 14 CPC and Section 434 Companies Act, 1956.

The plaintiff, Omprakash Madanlal Pandya, filed a suit (Suit No.1738 of 1979) against Shree Vallabh Glass Works Ltd. and others for recovery of Rs.1,5...

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Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...