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Bombay High Court Dismisses Petition Challenging Appointment of Handwriting Expert in Partition Suit — Earlier Rejection of Similar Application Does Not Bar Appellate Court from Allowing Fresh Application Under Order 26 Rule 10A CPC.

The case arises from a partition suit filed by Respondent No.1 (original Plaintiff) against the Petitioners (original Defendants) concerning ancestral...

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Bombay High Court Dismisses Writ Petition Challenging Injunction Order in Suit for Right of Way. Court upholds trial court's finding of prima facie case and balance of convenience in favor of plaintiffs regarding use of 9-meter road.

The petitioners, original defendant Nos.1, 5, and 6, filed a writ petition challenging the order of temporary injunction granted by the trial court an...

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Court Considers Maintainability of Commercial Appeal in Summary Suit Under Commercial Courts Act — Order on Summons for Judgment Challenged as 'Judgment' Under Section 13(1A). Transitional Provisions and Assignment Orders Examined for Pending Suits Transferred to Commercial Division.

The Commercial Appeal arose from an order passed by a learned Single Judge of the Commercial Division of the Bombay High Court in Summons for Judgment...

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Karnataka High Court Upholds Trial Court's Order Allowing Plaintiff to Adduce Evidence in Commercial Suit, Finding No Perversity or Jurisdictional Error. Order Passed Under Order 18 Rule 4(1B) CPC Not Violative of Embargo When Sufficient Cause Shown.

The dispute arose from a commercial summary suit (Commercial O.S. No. 1/2018) filed by a Class-I contractor before the Commercial Court at Raichur aga...

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Bombay High Court Full Bench Holds Trial Court Can Frame Preliminary Issue Under Section 9-A CPC Disposing of Suit in Part. The Court interprets Section 9-A of the Code of Civil Procedure, 1908 (Maharashtra Amendment) to allow partial disposal of suit or cause of action on preliminary issue of jurisdiction.

The Full Bench of the Bombay High Court was constituted to answer a reference on whether a trial court, under Section 9-A of the Code of Civil Procedu...

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Bombay High Court Dismisses Suit for Specific Performance of Unsigned MOU for Flat Purchase. Contract Not Concluded as Essential Terms Were Not Finalized and MOU Remained Unsigned.

The plaintiffs, Rohit A. Kapadia and Sandhya R. Kapadia, filed a suit against the defendant, Perviz J. Modi, seeking specific performance of an allege...