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Bombay High Court Dismisses Petitions Challenging Consent Decree in Specific Performance Suit. Consent Decree Held Binding and Not Open to Challenge in Execution Proceedings Without Proper Pleading of Fraud.

The judgment concerns two writ petitions filed by different parties challenging the execution of a consent decree passed in a suit for specific perfor...

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Bombay High Court Dismisses Petition for Mandamus to Re-erect Shed Demolished by Municipal Corporation. Petitioner Failed to Establish Right to Re-erection After Demolition of Dilapidated Structure Without Proper Permission.

The petitioner, Shriram Ramphal Patel, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus against the Mun...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Section 53-A T.P. Act Defence Available to Possessor Under Agreement to Sell. Concurrent findings upheld that appellant-plaintiff failed to prove agreement void; respondent-defendants entitled to retain possession based on part performance.

The present second appeal was filed by the original plaintiff, Sakharam Laxman Mathane (since deceased, represented by his heirs), challenging the con...

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High Court of Bombay at Goa Dismisses Second Appeal in Property Dispute — Finds No Misconstruction of Land Registration Document. The court upheld the Lower Appellate Court's finding that the suit property (Survey No.191/0) is part of the property registered under No.4181 based on identical boundaries.

The appellant, Comunidade of Poinguinim, filed a suit for injunction against the respondent, M/s Diksha Holdings Limited, alleging interference with s...

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Bombay High Court Dismisses Petition Challenging Exclusion of Counterclaim in Specific Performance Suit. Counterclaim Based on Void Minor's Agreement and Barred by Limitation Under Order VIII Rule 6-A CPC.

The petitioner, Abhishek Boke, original defendant No.1, challenged the order of the trial court dated 24.6.2016 allowing the application (Exh. No.86) ...

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Bombay High Court Allows Appeal in Commercial Contract Dispute — Remands Suit for Fresh Consideration on Merits. Failure to Frame Issues and Conduct Trial Rendered Decree Unsustainable Under Order 41 Rule 23 CPC.

The present Commercial Appeal arises from a judgment and decree dated 09/08/2019 passed by the learned District Judge-1, Jalna, in Commercial Suit No....

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