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Bombay High Court Dismisses Appeal Against Remand Order in Property Suit — Trial Court's Judgment Set Aside for Failure to Frame Issues and Consider Evidence. Lower Appellate Court's Remand Under Order 41 Rule 23 CPC Upheld as Proper Exercise of Power to Prevent Failure of Justice.

The case involves a property dispute over land Survey No. 50 admeasuring 26 acres 4 gunthas situated at village Asadullabag. The original plaintiff, K...

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Bombay High Court Upholds Eviction Decree Against Tenants for Default in Rent Payment, Dismisses Landlords' Cross-Appeal on Subletting. The Court held that Defendant Nos. 2 and 3 were direct tenants of the Plaintiffs and not sub-tenants, and decreed eviction solely on ground of default in payment of rent.

The case involves cross proceedings between the landlords (Plaintiffs) and the tenants (Defendant Nos. 2 and 3) concerning a suit premises in Pune. Th...

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Bombay High Court Hears Writ Petition Against Appellate Order Granting Temporary Injunction in Partition Suit. Interim Restraint Granted by District Judge Over Disputed Ancestral Lands Admeasuring 3 Acres Pending Suit.

The matter pertains to a writ petition filed under Article 227 of the Constitution of India before the Bombay High Court, challenging an order passed ...

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Bombay High Court Allows Petition in Cooperative Society Dispute — Upholds Ownership Claim Based on Possession and Payment of Consideration. Transfer of Shares and Interest in Favour of Petitioner Valid Under Maharashtra Cooperative Societies Act, 1960.

The petitioner, Ashok s/o Bapurao Kadam, filed a dispute before the Cooperative Judge, Nanded, seeking a declaration of ownership and possession of a ...

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Bombay High Court Adjudges Writ Petition in Civil Suit Alleging Advocate's Fraud. Withdrawal of Suit Without Plaintiff's Instructions Examined Under Order XXIII, Rule 1 of Code of Civil Procedure, 1908

The petitioner entered into an agreement of sale dated 6.7.2005 for purchase of agricultural land from respondent nos. 2 and 3 for Rs.15,00,000/-, pay...