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SECOND APPEAL NO. 148 OF 2016

The dispute centered on rights to perform pooja and collect offerings at Goddess Shree Rupa Bhavani Temple in Solapur, registered as a public trust. T...

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Bombay High Court Allows Decree Holder's Appeal in Execution Proceedings — Transfer of Attached Property Void Under Section 64 CPC. Sale of Property by Judgment Debtor After Attachment Order Cannot Defeat Decree Holder's Right to Execute Decree.

The case arises from a First Appeal filed by Mrs. Meera Unnikrishnan, the decree holder, against the dismissal of her execution application by the Civ...

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Bombay High Court Dismisses Tenant's Writ Petition Challenging Appellate Bench's Order Setting Aside Rejection of Plaint in Eviction Suit. Transfer of Property Pending Suit Does Not Extinguish Landlord's Cause of Action Under Section 16(1)(a) and (b) of Maharashtra Rent Control Act, 1999.

The case involves a civil writ petition filed under Article 227 of the Constitution of India by the original tenant, Ratnamala Mohan Aklujkar, challen...

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High Court Hears Civil Revision Applications Against Appellate Order Upholding Obstructionist Right to Occupy Shops on Leased Land. Eviction Decree Against Tenants Did Not Automatically Extinguish Obstructionists' Possession Under Bombay Rent Act and Maharashtra Rent Control Act.

These Civil Revision Applications were filed under Section 115 of the Code of Civil Procedure, 1908 challenging the common judgment and order dated 4 ...

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Bombay High Court Dismisses Developer's Writ Petition Challenging SRA Eviction Order — Petitioner Lacked Locus Standi as Non-Owner. Slum Rehabilitation Authority's Order to Hand Over Possession to Original Slum Dwellers Upheld Under Maharashtra Slum Areas Act, 1971.

The petitioner, Transcon-Sheth Creators Private Limited, a company incorporated under the Companies Act, 1956, filed a writ petition in the High Court...

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Bombay High Court Dismisses Appeal Against Refusal to Restore Appeal Dismissed for Breach of Undertaking. Undertaking given to court not to create third party rights in suit property is binding and its breach justifies dismissal of appeal.

The appellant, Shivaji Fakira Bhambare, was the defendant in Special Civil Suit No.41 of 2004 filed by the respondent, Dashrath Baburao Naik, seeking ...

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Bombay High Court Dismisses Revision Against Order Holding Suit Maintainable Despite MRTP Act Bar. Civil Court Jurisdiction Not Ousted Under Section 149 of MRTP Act Where Dispute Involves Title and Possession, Not Just Planning Violations.

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, challenging an order dated 22/3/2013 passed by ...

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Bombay High Court Dismisses Landowner's Writ Petition Against Bank's Claim Over Land Acquisition Compensation Due to Charge on Acquired Land. Bank's Charge on Land Under Acquisition Made It an Interested Person Eligible to Claim Apportionment of Compensation Under Section 30 of Land Acquisition Act, 1894.

The petitioner, Damu Patil, owned agricultural land in Dhule, which was acquired for the Lower Tapi Project under the Land Acquisition Act, 1894, and ...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses and Handwriting Expert, and Suit Property Not Identified.

The appellant, M/s. Jamnalal Bajaj Seva Trust, filed a Regular First Appeal under Section 96 of the CPC against the judgment and decree dated 30.04.20...