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Bombay High Court Allows Appeal Against Order Rejecting Plaint in Suit for Injunction and Declaration — Dispute Over Common Passage in Residential Building. Court Holds That Disputed Passage Is Not an 'Open Space' Under MOFA Section 1A(e) and That the Suit Is Not Barred by Limitation or Res Judicata.

The appellants, Zenobia R. Poonawala and Rohinton Poonwala, are residents of Flat No.9 in Rutton Manor, a residential building in Colaba, Mumbai. They...

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Bombay High Court Dismisses Second Appeal in Real Estate Dispute — Upholds Concurrent Findings on Agreement to Sell and Possession. Appellant failed to prove readiness and willingness to perform contract under Section 16(c) of Specific Relief Act, 1963.

The appellant, Mohammed Zain Khan, filed a Second Appeal before the Bombay High Court challenging the concurrent judgments of the trial court and the ...

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Bombay High Court Dismisses Petition Challenging Municipal Commissioner's Order on Building Proposal Validity — Held That Commissioner's Decision Under Section 351 of the Mumbai Municipal Corporation Act, 1888 Is Final and Not Subject to Judicial Review on Merits.

The petitioner, M/s Mahendra Builders, a partnership firm, filed a writ petition under Article 226 of the Constitution of India challenging an order d...

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Bombay High Court Allows Writ Petition Against Municipal Corporation for Illegal Demolition of Building Without Notice. Demolition Without Prior Notice Under Section 354 of Mumbai Municipal Corporation Act, 1888 Violates Natural Justice.

The petitioners, purchasers of flats in a building known as Vishal Towers at 107, Motishaw Lane, Mazgaon, Mumbai, filed a writ petition against the Mu...