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Bombay High Court Dismisses Contempt Petition for Alleged Violation of Interim Stay Order in Specific Performance Suit — No Willful Disobedience Found as Sale Deed Was Executed Through Court Process.

The Petitioner, Manohar Modku Tadse, filed a Contempt Petition alleging that the Respondent, Banwarilal S/o Kashiram Dewangan, willfully disobeyed an ...

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Bombay High Court Allows Second Appeal in Mesne Profit Case — Landlord Entitled to Future Mesne Profits Despite Decree Silence. Court holds that omission to award future mesne profits in eviction decree does not bar separate proceedings under Order 20 Rule 12 CPC.

The present Second Appeal arises out of a judgment and decree dated 03.10.2022 passed by the learned District Judge-1, Bhandara in Regular Civil Appea...

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Bombay High Court Dismisses Appeal of Obstructionist in Execution Proceedings — Sub-Tenancy Claim Not Proven. Order 21 Rule 97 CPC Objection Fails as Appellant Failed to Establish Sub-Tenancy and Decree Was Within Limitation.

The appellant, Surjeetsingh Jaswantsingh Hora, filed an application under Order 21 Rule 97 of the Code of Civil Procedure, 1908 before the IV Extra Jo...

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Bombay High Court Allows Third Party Claim in Execution Proceedings — Sets Aside Attachment of Property Based on Prior Agreement for Sale. Applicant's Ownership Established Through Agreement Dated 9.1.2002 and Possession Before Decree, Property Released from Attachment.

The present chamber summons was taken out by Bhagwant Kaur Suri, proprietor of M/s. Beekay Enterprises, seeking to set aside the warrant of sale and r...

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Bombay High Court Allows Writ Petitions Challenging Termination of Daily Wage Workers by Municipal Council. Held that termination without notice and without following Section 25F of the Industrial Disputes Act, 1947 is illegal and violative of Article 14 of the Constitution.

The judgment concerns a batch of writ petitions filed by daily wage workers employed by the Municipal Council, Bhusawal. The petitioners were engaged ...

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Bombay High Court Dismisses Second Appeal in Partition Suit Due to Failure to Prove Joint Family Property and Adverse Possession. Concurrent findings of fact upheld as plaintiff admitted sale deed and failed to establish title or possession within limitation.

The appellants, original plaintiffs, filed a suit for partition and separate possession of suit property claiming it to be joint family property. The ...

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Bombay High Court Extends Time for Payment Under Section 148 CPC Despite Plaintiff's Objection in Consent Decree Default Case. Court holds that Section 148 CPC empowers the court to extend time for payment in a consent decree for reasonable cause, even without the consent of the decree-holder.

The case arises from a Notice of Motion filed by the Defendants (Applicants) to set aside an ex parte decree dated 19 December 2012 in Summary Suit No...