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Bombay High Court Dismisses Second Appeals by Developer in Possession Suits — Concurrent Findings of Fact Cannot Be Reopened Under Section 100 CPC. Suits for possession based on title and prior possession were decreed; no substantial question of law arose.

The appellant, M/s. Samruddhi Developers, a partnership firm, filed four second appeals under Section 100 of the Code of Civil Procedure, 1908, challe...

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Bombay High Court Dismisses Developer's Appeal Against Injunction Restraining Unauthorized Construction of Additional Floors. Purchaser's Right to Seek Injunction Upheld Where Developer Alters Building Character Without Consent and Fails to Form Society as Agreed.

The appeal arises from a suit filed by the respondent (original plaintiff) against the appellant (original defendant) seeking a permanent injunction r...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Agreement to Sell and Possession Upheld. Court holds that concurrent findings of fact cannot be interfered with under Section 100 of Code of Civil Procedure, 1908 unless perverse or based on no evidence.

The present second appeal was filed by the original defendant (since deceased, represented by legal heirs) challenging the concurrent judgments and de...

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Bombay High Court Allows Appeal in Specific Performance Suit — Sets Aside Dismissal for Default and Restores Suit on Condition of Costs. Advocate's Mistake in Noting Date Constitutes Sufficient Cause Under Order IX Rule 9 CPC.

The present appeal arises from an order dated 20/12/2023 passed by the City Civil Court, Dadri, dismissing the appellants' (original plaintiffs') suit...

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Bombay High Court Dismisses Writ Petition Challenging Arbitral Tribunal's Jurisdictional Order as Not Maintainable. Remedy Lies Under Section 34 of Arbitration and Conciliation Act, 1996 After Final Award.

The petitioner, Tirupati Shopping Centre Premises Co-op. Society Limited, filed a writ petition under Articles 226 and 227 of the Constitution of Indi...

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Bombay High Court Dismisses Petition Challenging Arbitrator's Order on Jurisdiction in Arbitration Claim Petition. Court holds that Section 16 of the Arbitration and Conciliation Act, 1996 provides a remedy against an arbitral award, not an interlocutory order, and that the petition is premature.

The petitioner, a cooperative housing society, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 14th Ma...