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High Court of Karnataka Allows Writ Petition Against Dismissal of Obstruction Application in Execution Proceedings — Impugned Order Quashed. Court Held That Executing Court Must Consider Objections of Third Party Obstructor on Merits Under Order XXI Rules 97, 98, and 101 CPC.

The petitioner, Rajesh Enterprises, a partnership firm represented by its partner Naresh Godar Shah, filed a writ petition under Articles 226 and 227 ...

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Bombay High Court Dismisses Delay Condonation Application in Specific Performance Suit — Unexplained Delay of Over 8 Years Not Condonable. Cross-Objection Filed After 3015 Days Without Sufficient Cause Rejected Under Section 5 of Limitation Act, 1963.

The judgment pertains to an application for condonation of delay of 3015 and 3166 days in filing cross-objection in Second Appeals No. 658/2007 and 70...

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Supreme Court Upholds Right of Pre-emption in Partition Deed Covenant Binding on Successors-in-Interest. Covenant Not Expressly Binding Assignees Held Enforceable Against Subsequent Purchasers with Notice, and Rule Against Perpetuities Held Inapplicable to Personal Pre-emption Agreements.

The dispute arose out of a partition suit between two brothers, T and K, which was referred to arbitration. The arbitration award divided the joint pr...

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Bombay High Court Considers Interim Relief in Redevelopment Contract Dispute. Non-Cooperating Members of Cooperative Housing Society Face Motion for Injunction and Mandatory Orders.

The plaintiff, a developer, filed suit for specific performance of a redevelopment contract against a cooperative housing society and some of its non-...