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Bombay High Court Allows Husband to Lead Evidence First in Property Dispute with Wife — Order 18 Rules 1 and 2 CPC Interpreted. Husband Must Prove His Case as He Would Be Defeated if No Evidence Is Given, Given His Admission of Wife's Payment.

The case involves a property dispute between husband and wife. The wife filed a petition seeking a declaration that she is the sole owner of one of tw...

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Bombay High Court Dismisses Appeal Against Injunction in Property Dispute Over Development Rights — Agreement for Sale Not Enforceable Without Registered Conveyance Deed.

The appeal arises from a suit filed by the original plaintiff, Smt. Nirmala Dhandukhlal Thakkar, seeking a permanent injunction restraining the appell...

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Bombay High Court Allows Section 9 Petition for Appointment of Court Receiver in Redevelopment Dispute. Developer Granted Interim Relief to Take Possession of Tenements from Non-Cooperating Members Pending Arbitration Under Section 9 of the Arbitration and Conciliation Act, 1996.

The Petitioner, M/s. R.R.B. Realtors Pvt. Ltd., a real estate developer, filed a petition under Section 9 of the Arbitration and Conciliation Act, 199...

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High Court of Bombay Hears Appeal Against Order in Execution Proceedings; Permits Power of Attorney Holder to Argue. Execution of Decree for Possession in Specific Performance Suit Involves Third Party Rights.

This appeal under Clause 15 of the Letters Patent read with Order XXI Rule 103 of the Code of Civil Procedure, 1908, challenged the order of a learned...

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Bombay High Court Allows Appeal Against Rejection of Plaint Under Order 7 Rule 11(d) CPC — Plaint Cannot Be Rejected After Framing of Issues. Suit for Specific Performance Under MOFA Not Barred by Limitation as Limitation is a Mixed Question of Law and Fact.

The appellant, Mrs. Sicily Varghese Kadamthottu, filed a suit for specific performance against the respondents, who were promoters under the Maharasht...

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Bombay High Court Allows Appeal by Housing Society in Property Dispute Over Water Connection and Construction. Developer's Agreement to Provide Water Connection and Restrict Construction Held Binding.

The case involves two cross-appeals arising from a judgment and decree dated 31st March 2004 in L.C. Suit No. 786 of 2004. The appellants in First App...