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Bombay High Court Allows Restoration of Land Acquisition Reference Dismissed for Default Despite Merits Decision. Order IX Rule 9 CPC Application Maintainable When Reference Court Decides Case on Merits in Absence of Applicant.

The petitioner, Arvind Vyankatrao Tarar, was the original applicant in Land Acquisition Case No. 19 of 2001 pending before the Reference Court under S...

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Bombay High Court Dismisses Revision Against Eviction Decree for Unlawful Subletting and Rent Default. Tenant's Claim of Assignment of Tenancy Rights Fails for Lack of Consent of Landlord and Non-Production of Evidence.

The case involves a civil revision application filed by Ratnadeep Shankar Narkar (Applicant/Defendant No.2) challenging the judgment and decree dated ...

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Bombay High Court Allows Re-Reference of Mundkarial Issue to Mamlatdar in Civil Suit — Civil Court Has Power to Re-Refer Issue When Earlier Reference Dismissed in Default Without Adjudication on Merits

The petitioner, original defendant in a civil suit, raised a claim of mundkarial rights over the suit property. The Civil Judge framed issue no.7 rega...

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Bombay High Court Dismisses Petition Challenging Abatement of Suit for Easement of Necessity. Failure to Bring Legal Representatives of Deceased Plaintiff Within Limitation Leads to Abatement of Entire Suit Under Order 22 Rule 3 CPC.

The petitioners, original plaintiffs 1 to 4 and 6, along with Banubai Hariba Mohite (original plaintiff no.5), filed Regular Civil Suit No.278 of 1981...

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Bombay High Court Allows Petition Challenging Striking Out of Defence in Suit for Specific Performance. Defence of Defendant No.2 Restored as Trial Court's Discretion to Strike Out Defence Under Order 39 Rule 2A CPC Requires Willful Disobedience of Injunction Order.

The Petitioner, Sanjay Thakkar, was Defendant No.2 in Special Civil Suit No.144 of 2016 filed by Respondent No.1, Bhojja Shantu Shetty, for enforcemen...

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Bombay High Court Dismisses Petitioners' Writ Petitions Seeking Revival of Land Acquisition References Due to Inordinate Delay and Laches. Petitioners failed to appear before the Reference Court for over a decade, leading to dismissal of references under Section 18 of the Land Acquisition Act, 1894.

The petitioners filed writ petitions challenging orders of the Civil Judge Senior Division, Omerga, dismissing their Land Acquisition References (LARs...