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Bombay High Court Allows Appeal in SARFAESI Act Case — Plaint Rejection Upheld for Lack of Civil Court Jurisdiction. Dispute over mortgaged properties held to be exclusively triable by DRT under Section 34 of SARFAESI Act, 2002.

The case involves two appeals arising from a suit filed by Pooja Ravikumar Nidasoshi and Vandana (plaintiffs) against the Gadhinglaj Urban Co-operativ...

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Bombay High Court Dismisses Second Appeal in Land Ownership Dispute — Plaintiff Fails to Prove Title by Adverse Possession Against State Forest Department. Continuous possession for over 50 years not sufficient to establish ownership without clear evidence of hostile possession and ouster of true owner.

The appellant, Tanaji Gulabgir Gosavi, filed a second appeal before the Bombay High Court challenging the concurrent judgments of the trial court and ...

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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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Bombay High Court Revokes Leave to Sue in Summary Suit for Goods Sold and Delivered Due to Exclusive Jurisdiction Clause. Article 39 of the contract required all legal proceedings only in Calcutta High Court, ousting Bombay High Court's jurisdiction.

The Plaintiff, Pacific Refractories Ltd., filed a summary suit in the Bombay High Court against the Defendant, Stein Heurtey India Projects Pvt. Ltd.,...

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Bombay High Court Allows Appeal in Property Dispute, Sets Aside Injunction Against Dispossession. Plaintiff Failed to Prove Possession and Suit for Possession Based on Title Was Barred by Limitation.

The present First Appeal arises from a judgment of the City Civil Court, Mumbai, in S.C. Suit No.5551/1990, where the suit was decreed in favor of the...

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Supreme Court Dismisses Defendant's Appeal Against Amendment of Plaint in Specific Performance Suit. High Court's Liberal Approach to Allowing Amendment for Enhancing Damages After 31 Years Upheld, with Issue of Limitation Kept Open for Trial Under Code of Civil Procedure, 1908.

The Supreme Court of India adjudicated a civil appeal arising from a special leave petition, where the appellant, Life Insurance Corporation of India,...

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High Court of Karnataka Dismisses Second Appeal in Declaration and Possession Suit — Substantial Question of Law Not Pressed. Amendment to plaint seeking both declaration and recovery of possession renders the framed question of law infructuous.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellant against the judgment and decree dated...