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Supreme Court Dismisses Appeal Against High Court Order for Restitution of Possession in Temple Property Dispute. Section 144 CPC Not Attracted as Possession Was Under Interim Order, Not Decree; Court Has Inherent Power to Restore Status Quo Ante.

The appeal arose from a long-standing property dispute concerning temples and shops in Jaipur. The original plaintiff, Bansidhar Sharma (since decease...

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Bombay High Court Allows Landlord's Interim Application for Market Rent Deposit Pending Civil Revision Against Reversal of Eviction Decree. Tenant directed to deposit market rent as per Atma Ram Properties ratio, with liberty to withdraw by landlord subject to furnishing undertaking.

The landlord (original plaintiff) filed a suit for eviction against the tenant, which was decreed by the Trial Court. The tenant appealed to the Appel...

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Bombay High Court Allows Appeal Against Rejection of Application to Set Aside Ex Parte Decree — Remands for Fresh Consideration on Merits. Trial Court's Failure to Consider Sufficient Cause Under Order IX Rule 13 CPC Constitutes Failure to Exercise Jurisdiction.

The appeal arises from an order dated 15 November 2021 passed by the City Civil Court, Bombay, rejecting Notice of Motion No.3946 of 2019 filed by the...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Discretion to Grant Relief Upheld. Courts below correctly exercised discretion to decree specific performance of agreement to sell agricultural land based on credible evidence of payment and readiness.

The case involves a second appeal filed by the original defendant (appellants) against the judgment and decree passed in First Appeal No. 260/2014 by ...

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Bombay High Court Partially Sets Aside Arbitral Award in Cooperative Bank Dispute for Exceeding Jurisdiction Under MSCS Act and Arbitration Act. Arbitrator's Directions Against Employer and Appointment of Receiver Held Impermissible.

The petitioner, Mr. Ratansi R. Gada, a principal borrower from Abhyudaya Cooperative Bank Ltd., challenged an arbitral award passed by an arbitrator a...