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High Court of Judicature at Bombay Reviews Appeals Against Temporary Injunction in Hindu Joint Family Partition Suit. Court Examines Whether a Coparcener Can Seek Injunction Against Other Coparceners Under Hindu Law and Order 39 Rules 1 and 2 CPC.

The appeals arose from an order dated 4 February 2022 passed by the 3rd Joint Civil Judge Senior Division, Sangli, allowing an application at Exhibit-...

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Bombay High Court Dismisses Habeas Corpus Petition by Mother Against Father for Custody of Minor Child. Father's Custody Held Not Unlawful as Both Parents Have Equal Rights; Dispute to Be Adjudicated Under Guardians and Wards Act, 1890.

The petitioner, Mrs. Namita Mahendra Thanai, filed a writ of habeas corpus under Article 226 of the Constitution of India seeking production of her mi...

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WRIT PETITION NO.1940 OF 1999

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Bombay High Court Allows Landlord's Interim Application for Market Rent Deposit Pending Civil Revision Against Reversal of Eviction Decree. Tenant directed to deposit market rent as per Atma Ram Properties ratio, with liberty to withdraw by landlord subject to furnishing undertaking.

The landlord (original plaintiff) filed a suit for eviction against the tenant, which was decreed by the Trial Court. The tenant appealed to the Appel...

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Bombay High Court Dismisses Petition Seeking Transfer of Suit to Commercial Court Under Section 15(2) of Commercial Courts Act, 2015 — Suit for Specific Performance of Agreement to Sell Immovable Property Not a Commercial Dispute.

The petitioners, original defendants in a suit for specific performance of an agreement to sell immovable property, filed a writ petition challenging ...

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Bombay High Court Dismisses Petition Seeking Transfer of Suit to Commercial Court Under Section 15(2) of Commercial Courts Act, 2015 — Suit for Specific Performance of Agreement to Sell Immovable Property Not a Commercial Dispute as Property Not Used for Commercial Purpose.

The petitioners, original defendants in a suit for specific performance of an agreement to sell immovable property, filed a writ petition challenging ...

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Bombay High Court Dismisses Municipal Corporation's Appeal, Upholds Injunction Against Demolition Without Due Process. Municipal Corporation Cannot Demolish Premises Without Following Procedure Under Section 478 of Bombay Provincial Municipal Corporation Act, 1949.

The appellant, Kalyan Dombivli Municipal Corporation, was the original defendant in a suit filed by the respondent, Tukaram Muttappa Pai, who had purc...