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Bombay High Court Dismisses Civil Revision Application Against Rejection of Plaint Under Order VII Rule 11 CPC in Suit for Specific Performance and Declaration of Title. Limitation Issue Held to Be Mixed Question of Fact and Law Requiring Trial.

The present Civil Revision Application (CRA) was filed by Defendant No.9 (the applicant) impugning an order dated 10.04.2023 passed by the Trial Court...

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Supreme Court Allows Appeal in Limitation Dispute, Remands Suit for Trial on Merits. Issue of limitation cannot be decided as preliminary issue under Order XIV Rule 2 CPC when facts are disputed and require evidence.

The appellant, M/s Mongia Realty and Buildwell Private Limited, instituted a suit against the respondent, Manik Sethi, on 31 March 2017 under Order 37...

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Bombay High Court Dismisses Revision and Writ Petitions in Property Dispute, Upholding Appointment of Court Receiver. Court holds that disputes regarding title and possession cannot be decided in summary proceedings and that appointment of receiver is a discretionary remedy to preserve property.

The judgment arises from a property dispute concerning a piece of land in Mumbai. The original plaintiff, Amedmal Bhatewada (since deceased), filed a ...

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Bombay High Court Allows Impleadment of Proprietor in Cheque Dishonour Case Despite Limitation Bar. Section 319 CrPC Can Be Invoked After Cognizance to Add Accused Even if Direct Complaint Would Be Time-Barred.

The petitioner, Kamal Lakhotia, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against Rajesh Parekh (respondent no.1) a...

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Bombay High Court Dismisses Revision Against Concurrent Findings on Limitation in Eviction Suit. Court holds that a suit for possession filed within 12 years of the date when possession becomes adverse is not barred by limitation under Article 65 of the Limitation Act, 1963.

The case involves a civil revision application filed by M/s. SGM Properties & Investments Pvt. Ltd. (the applicant/landlord) against Basantkumar Bilas...

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Bombay High Court Dismisses Second Appeal in Trust Dispute Over Appointment of Trustees. Court upholds District Judge's order rejecting application for removal of trustees under Section 41A of Bombay Public Trust Act, 1950, finding no breach of trust or mismanagement.

The case involves a dispute over the management of the Anjuman Urdu Education Society, a trust registered under the Bombay Public Trust Act, 1950. The...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed. Court held that no substantial question of law arose for interference under Section 100 of the Code of Civil Procedure, 1908.

The case is a second appeal arising from a suit for partition and separate possession filed by the original plaintiffs (respondents) against the origi...