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High Court

Bombay High Court Allows Appeal Against Rejection of Notice of Motion in Suit for Specific Performance — Holds That Heirs and Legal Representatives of Deceased Defendant Can Maintain Application Under Order XXXIX Rule 1 and 2 CPC. The court set aside the trial court's order and remanded the matter for consideration on merits, emphasizing that legal representatives step into the shoes of the deceased defendant and are entitled to seek interim protection.

25 Jun 2026

The present appeal arises from an order dated 6th October 2023 passed by the Trial Court in Notice of Motion No. 1975 of 2022 in Suit No. 8582 of 1992...

High Court

Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Specific Performance Suit — Prima Facie Case Established for Agreement for Sale. The court held that the Trial Court's order was perverse and that the plaintiffs had made out a strong prima facie case for grant of injunction under Order 39 Rules 1 and 2 CPC.

16 Oct 2023

The appellants, Prashant Rambhau Pathare and others, filed an appeal against the order dated 16 January 2020 passed by the Civil Judge Senior Division...

High Court

Bombay High Court Allows Petition Challenging Rejection of Temporary Injunction in Property Dispute — Finds Trial Court and Appellate Court Failed to Properly Consider Prima Facie Case and Balance of Convenience. The court held that a person in long possession is entitled to protection against dispossession without due process, and the appellate court must independently re-appreciate evidence.

17 Jan 2023

The petitioner, Pushpa Laxman Vartak, filed a writ petition challenging the orders of the trial court and appellate court refusing her application for...

High Court

Bombay High Court Upholds Injunction in Adverse Possession Suit — Prima Facie Case and Balance of Convenience in Favor of Plaintiffs. Trial Court's Order Restraining Defendants from Entering Suit Property Maintained as Plaintiffs Established Long-Standing Possession and Serious Triable Issues.

25 Jan 2021

The case arises from an appeal filed by the defendants (Suruna Bothra Associates & Others) against an order dated 4th December 2020 passed by the Civi...

High Court

Bombay High Court Dismisses Appeal in Property Dispute Over Flat Allotment and Possession. Court upholds concurrent findings that appellants failed to prove title or possession, and that the suit was not barred by limitation or the Cooperative Societies Act.

12 Oct 2018

The case involves a second appeal by original defendant nos. 7 and 8 (appellants) against the judgment and decree of the District Court, Pune, which c...

High Court

Bombay High Court Dismisses Writ Petition Challenging Possession Notice Under SARFAESI Act — Alternative Remedy Before DRT Not Exhausted. Court Held That Writ Jurisdiction Cannot Be Invoked When Statutory Remedy Under Section 17 of SARFAESI Act, 2002 Is Available and Petitioner Has Not Approached the Debt Recovery Tribunal.

7 Sep 2018

The petitioner, M/s. Vibgyor Texotech Ltd., filed a writ petition before the Bombay High Court challenging a possession notice dated 11.5.2018 issued ...

High Court

Bombay High Court Dismisses Appeal in Property Dispute Between Mother and Son — Upholds Injunction Against Alienation of Suit Property. The court held that a mother who is a co-owner and in possession of the property is entitled to protect her right of residence and prevent dispossession by her son and his family.

16 Apr 2015

The dispute arose between Smt. Vasanti Rama Shetty (the respondent/original plaintiff), a 76-year-old widow, and her son Shri Premnath Rama Shetty alo...

High Court

Bombay High Court Allows Municipal Council's Petition Challenging Ex Parte Stay in Rent Revision Appeals — Pre-deposit Under Section 170 of Maharashtra Municipal Councils Act Mandatory Before Entertaining Appeals Against Rent Demands.

6 Nov 2006

The Municipal Council, Achalpur filed a writ petition seeking to treat it as a representative petition for 74 appeals filed against it by occupiers/al...

High Court

Bombay High Court Dismisses Patent Infringement Appeal — Refuses Temporary Injunction Due to Lack of Prima Facie Case. Mere Registration of Patent Does Not Establish Validity; Plaintiff Must Show Strong Prima Facie Case for Interim Injunction.

30 Nov -0001

The case involves a Letters Patent Appeal and a cross-appeal arising from a suit for patent infringement. The appellant/plaintiff, a patent holder, fi...

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