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Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...

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Bombay High Court Dismisses Petition Challenging Rejection of Commissioner Appointment in Property Suit. Court Commissioner Not Appointed When Dispute Involves Title and Possession, Not Measurement.

The petitioner, Kolhapuri Bandu Lakade, filed a suit (Regular Civil Suit No.513 of 2007) for declaration and restoration of possession against the res...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Property Suit — Plaint Not Barred by Limitation or Res Judicata as Earlier Suit Was Withdrawn Without Liberty to File Fresh Suit.

The applicant, original defendant No.1 in S.C.S. No.5055/2012, filed a civil revision application under Section 115 of the Code of Civil Procedure, 19...

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Bombay High Court Allows Petition Challenging Appointment of Court Commissioner in Property Dispute. Appointment of Commissioner During Pendency of Injunction Application Held Impermissible as It Would Decide Suit Without Trial.

The petitioner, original plaintiff, filed a suit for injunction against respondent No. 1 (defendant No. 1) seeking to restrain him from encroaching up...

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Bombay High Court Upholds Trial Court's Power to Direct Defendant to Begin Evidence Under Order 18 Rule 1 CPC. Negative Averments and Admission of Possession Shift Burden to Defendant to Prove Title.

The petitioner, M/s. Metafield Coil Pvt. Ltd., the original defendant in Special Civil Suit No. 204/2001, challenged an order passed by the trial cour...

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High Court of Bombay at Goa Hears Defendant's Writ Petition Under Article 227 Challenging Rejection of Temporary Injunction. Petitioner Argues Lower Courts Erred in Finding No Prima Facie Case and Ignoring Documentary Evidence.

The writ petition under Article 227 of the Constitution of India challenged the judgment dated 17.11.2018 of the District Judge, Mapusa, in Miscellane...

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Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings on Ownership and Limitation Upheld. Adverse Possession Plea Fails as Defendant Failed to Prove Hostile Possession for Statutory Period.

The case involves a second appeal filed by the original defendant, Mrs. Anjanabai Rajaram Gore, challenging the concurrent judgments and decrees of th...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Construction Contract Dispute. Court Holds That Arbitrator's Findings on Contract Rescission and Quantification of Damages Are Not Open to Challenge Under Section 34 of the Arbitration and Conciliation Act, 1996.

The case involves an arbitration appeal under Section 37 of the Arbitration and Conciliation Act, 1996, arising from a construction contract dispute. ...

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High Court of Karnataka Upholds Trial Court's Order Allowing Rejoinder to Amended Written Statement in Civil Suit — Order VIII Rule 9 CPC Permits Rejoinder to New Facts Raised in Amended Pleadings.

The present writ petition was filed by the defendant (Sri H.G. Shekar) challenging an order dated 22.09.2025 passed by the XXIX Additional City Civil ...