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Bombay High Court Dismisses Writ Petition Challenging Eviction Order Under Public Premises Act — Land Already Acquired Under Land Acquisition Act, 1894. Petitioners' Claim of Possession Since 1954 Fails as Land Vested in Airport Authority After Acquisition in 1947-48.

The petitioners, heirs of Mohan Bhika Rathod, filed a writ petition challenging an eviction order passed by the Estate Officer under the Public Premis...

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Bombay High Court Dismisses Appeal Against Refusal of Temporary Injunction in Property Dispute — Plaintiffs Failed to Establish Prima Facie Case and Balance of Convenience. Court held that disputed questions of title and possession cannot be decided in injunction proceedings without proper evidence.

The present appeals arise from a property dispute between M/s Girdhar Creations and others (original plaintiffs) and Baban Baburao Rathare and others ...

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Bombay High Court Dismisses Appeal by Qatar Airways Against Maintainability of Summary Suit for Recovery of Rs. 59.22 Lakhs. Foreign Company Not Entitled to Sovereign Immunity Under Section 86 CPC as It Is a Commercial Entity, Not a Foreign State.

The respondent, Shapoorji Pallonji & Co., filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 against the appellant, Qatar Ai...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Property Dispute. Court holds that Order 7 Rule 11(d) CPC requires the plaint to be read as a whole and the defence cannot be considered for deciding whether the suit is barred by law.

The petitioners, original defendants, filed a Civil Revision Application under Section 115 CPC challenging the order dated 26.04.2011 passed by the Ci...

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Bombay High Court Dismisses Petition for Revocation of Letters of Administration in Succession Dispute. Petitioner fails to prove will or entitlement to flat as Letters of Administration validly granted to son of deceased.

The petitioner, Prakash P. Bambardekar, filed a petition under Section 263 of the Indian Succession Act, 1925 seeking revocation of Letters of Adminis...

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Bombay High Court Dismisses Suit as Barred by Limitation in Property Dispute Over Incomplete Building. Plaintiff's claim for declaration of ownership and injunction held time-barred under Article 58 of Limitation Act, 1963 as cause of action arose in 1969 when assignment deed was executed.

The plaintiff, M/s. Foreshore Co-operative Housing Society Ltd., filed a suit in 1999 seeking a declaration that it is the owner of the entire suit la...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Disturbed. Agreement to Sell Proved, Limitation and Benami Transaction Objections Rejected.

The case involves a second appeal filed by the defendants (appellants) against a decree for specific performance of an agreement to sell immovable pro...

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Bombay High Court Allows Impleadment of Shareholders in Patent Ownership Suit — Applicants Holding 6.3% Shares Have Sufficient Interest in Subject Matter of Suit. Shareholders are proper parties under Order 1 Rule 10 CPC when the suit concerns company assets that affect share value.

The applicants, Percy Rutton Kavasmaneck and Aban Percy Kavasmaneck, filed a Chamber Summons seeking impleadment as party defendants in Suit No. 2932 ...

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Bombay High Court Allows Writ Petition for Return of Seized Vehicle in Criminal Case — Petitioner Entitled to Interim Custody of Vehicle Pending Trial as No Other Person Claimed Ownership and Vehicle Was Not Required for Evidence.

The petitioner, Fakruddin Ahmed Lohar, filed a Criminal Writ Petition before the Bombay High Court, Aurangabad Bench, seeking the return of a vehicle ...