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Bombay High Court Hears Petition to Set Aside Arbitral Award in Redevelopment Dispute; Developer Challenges Directions to Amend Building Plans and Pay Compensation. Court's Decision Awaited.

The dispute pertained to redevelopment of a cooperative housing society's property. The respondent society, owner of a plot in Andheri, Mumbai, appoin...

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Bombay High Court Dismisses Developer's Section 9 Petition Against Tenant Not Party to Arbitration Agreement. Interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be granted against a third party who is not bound by the arbitration agreement.

The petitioner, Heritage Lifestyles & Developers Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking int...

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Bombay High Court Restrains Developers from Constructing Additional Buildings in Multi-Building Scheme Without Flat Owners' Consent Under MOFA. Disclosure of Potential Additional Construction Held Insufficient Where Specific Representations Were Made About FSI Utilisation and Layout.

The dispute centered on a 230-acre development known as the Powai Area Development Scheme (PADS), in which several cooperative housing societies of co...

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Bombay High Court Upholds Family Court Order Directing Husband to Vacate Matrimonial Home in Favor of Wife Under Protection of Women from Domestic Violence Act, 2005. Joint Ownership Does Not Bar Wife's Right to Residence.

The petitioner husband filed a writ petition under Article 227 of the Constitution of India challenging two orders passed by the Family Court No.2, Pu...

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Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court's Decree for Mandatory Injunction. Court holds that the First Appellate Court's finding on possession was perverse and that the suit for mandatory injunction was not barred by laches.

The case involves a second appeal filed by the legal heirs of the original plaintiff, Shri Gurudas Yeshwant Pednekar, against the judgment of the Firs...

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High Court of Karnataka Dismisses Appeals in Partition Suit, Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was maintainable and that the plaintiffs had established their share in the joint family property.

The case involves a partition suit filed by the appellants (plaintiffs) against the respondents (defendants) seeking partition and separate possession...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Upholds Rejection of Plaint and Decree on Counterclaim. Court holds that rejection of plaint under Order VII Rule 11 CPC does not require notice to plaintiff and that counterclaim can be decreed ex parte if plaintiff fails to appear.

The appellants, Smt. Vijaya Wd/o Vijay Vitthalani and her minor children, filed a suit for specific performance of contract and injunction against the...