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Bombay High Court Dismisses Appeal in Property Suit, Upholds Decree for Deficit Court Fee Recovery. Appellants' suit for declaration of title and injunction dismissed for failure to pay proper court fee on market value of property.

The appellants, original plaintiffs, filed a suit for declaration of title and permanent injunction in respect of an immovable property. The trial cou...

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Bombay High Court Dismisses Appeal Against BMC Demolition Notice for Unauthorized Construction. Notice under Section 351 of BMC Act, 1888 Held Valid as Plaintiff Failed to Prove Title or Authorization.

The appellant, Namdev Pandurang Panchal, filed a suit seeking a declaration that a notice dated 19.10.2001 under Section 351 of the Mumbai Municipal C...

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Supreme Court Upholds Return of Plaint in Commercial Dispute Case — Immovable Property Not Used Exclusively in Trade or Commerce. Agreement to Sell and Mortgage Deed Registration Dispute Falls Outside Commercial Courts Act, 2015 as Land Was Not Pled to Be Used for Trade or Commerce.

The appellant, Ambalal Sarabhai Enterprises Ltd., filed a Commercial Civil Suit No. 41/2018 before the Commercial Court at Vadodara seeking enforcemen...

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Madras High Court Allows Second Appeal in Property Injunction Suit — Concurrent Findings Set Aside Due to Lack of Evidence of Title and Possession. Family Arrangement and Adverse Possession Claims Fail as Plaintiffs Failed to Prove Possession and Necessary Parties Were Not Impleaded.

The case involves a Second Appeal filed by the defendant Selvaraj against the concurrent judgments of the Trial Court and First Appellate Court which ...

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Bombay High Court Dismisses Suit for Non-Compliance with Section 69 of Indian Partnership Act and Bar of Res Judicata. Suit by unregistered partnership firm held not maintainable; subsequent suit for same cause of action without withdrawing earlier suit also barred.

The plaintiff, Jayesh Pandya, a real estate broker, conducted business under the name 'Pandya & Shah Associates', which was an unregistered partnershi...

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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.

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...

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High Court of Karnataka Dismisses KSFC's Petition for Impleadment in Specific Performance Suit — Mortgagee Not a Necessary Party Under Order 1 Rule 10 CPC. Section 31E of SFC Act, 1951 Does Not Confer Right to Sue for Specific Performance of Third-Party Contracts.

The Karnataka State Financial Corporation (KSFC) filed writ petitions challenging the order of the II Additional Senior Civil Judge, Mangalore, dated ...

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High Court of Judicature at Bombay Considers Challenge to Arbitral Award Under Section 34 of Arbitration Act in Property Development Dispute. Petitioners Argue Award is Unreasoned and Arbitrator Failed to Independently Analyze Submissions, Seeking Set Aside.

Background: The matter involved a property development dispute concerning three tribal (Adivasi) lands in Malad, Mumbai. The petitioners were legal he...