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Bombay High Court Dismisses Second Appeal, Upholds Specific Performance Decree for Oral Agreement to Sell Land. Concurrent Findings of Fact Not Interfered With as Plaintiff Proved Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

This second appeal arises from a suit for specific performance of an oral agreement to sell agricultural land. The plaintiff (now represented by legal...

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Bombay High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Possession and Title Upheld. Court holds that findings of fact by lower courts on possession and title cannot be interfered with in second appeal under Section 100 CPC unless perverse or based on no evidence.

The case involves a property dispute between the appellants (original defendants) and the respondents (original plaintiffs) over land in Udatare, Talu...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. No Substantial Question of Law Arises as Courts Below Correctly Appreciated Evidence on Title and Possession.

The case is a second appeal arising from a suit for possession and mesne profits filed by the original plaintiff Bajirao Amrit Shinde (since deceased,...

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Bombay High Court Allows Appeals in Property Dispute Over Injunction Orders — Held That First Appellate Court Erred in Granting Injunction Without Considering Balance of Convenience and Prima Facie Case Under Order 39 Rules 1 and 2 CPC.

The case involves two appeals filed by the appellants against the judgment and order of the First Appellate Court in Regular Civil Appeal Nos. 615/201...

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Bombay High Court Dismisses Writ Petition Challenging Minister's Order in Land Remeasurement Dispute. The court held that the Minister's order allowing remeasurement of Survey No.254/2 did not suffer from perversity or error of law under Article 227 of the Constitution of India.

The petitioners, six agriculturists, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 7-8-2013 passed b...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Trial and Appellate Courts. Agreement to Sell Dated 10.1.2003 Validly Enforced Despite Subsequent Sale to Appellant, as Appellant Was Not a Bona Fide Purchaser Without Notice.

The dispute pertains to land bearing Gat No.1120 admeasuring 38 Are situated at Mouza Pimpalgaon Raja, Taluka Khamgaon, District Buldana. The plaintif...

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Bombay High Court Grants Interim Injunction in Specific Performance Suits — Export Credit Guarantee Corporation of India Ltd. Restrains Trustees from Alienating Property. Prima Facie Case Established Based on Agreements and Possession; Balance of Convenience Favors Plaintiff.

The plaintiff, Export Credit Guarantee Corporation of India Ltd., filed two suits for specific performance of agreements for sale of commercial units ...

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Bombay High Court Allows Writ Petition in Land Acquisition Case — Compensation Enhanced Due to Inadequate Market Value Assessment. Court Held That Reference Court Erred in Not Considering Comparable Sale Instances and Potential Value of Land for Development Under Land Acquisition Act, 1894.

The case pertains to a writ petition filed by the legal representatives of the original claimant, Sahadeo Mahadik, challenging the judgment and award ...