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Bombay High Court Frames Preliminary Issue of Limitation in Partition Suit Over Property Bequeathed by Will. Plaintiffs Claim Share in Villa Bemvinda and Challenge Development Agreement After Probate Was Granted and Revocation Petition Dismissed.

The dispute arose over Villa Bemvinda, a property in Bandra, Mumbai, originally owned by Andrew D'Cunha. He executed a will on 20.2.1971 bequeathing t...

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Bombay High Court Dismisses Petition Challenging Demolition Order for Unauthorized Construction on Municipal Land. The court held that the petitioner had no legal right to the land and the demolition order was valid under the Mumbai Municipal Corporation Act, 1888.

The petitioner, Manish Estates Pvt. Ltd., filed a writ petition challenging the demolition order dated 6th October 2010 passed by the Deputy Chief Eng...

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Bombay High Court Dismisses Revision and Writ Petitions in Property Dispute, Upholding Appointment of Court Receiver. Court holds that disputes regarding title and possession cannot be decided in summary proceedings and that appointment of receiver is a discretionary remedy to preserve property.

The judgment arises from a property dispute concerning a piece of land in Mumbai. The original plaintiff, Amedmal Bhatewada (since deceased), filed a ...

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Bombay High Court Hears Second Appeal Against Partition Decree; Challenge to Lower Appellate Court's Grant of 1/4th Share in Joint Family Properties. Plaintiff Claimed Share via Will but Court Rejected Will Yet Allowed Partition, Now Appellants Contend Family Settlement Extinguished All Shares.

The second appeal before the Bombay High Court arises out of a partition suit. The plaintiff, Smt. Sushila, filed a suit for declaration, partition, a...

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Supreme Court Upholds Ban on Apartmentalisation in Chandigarh Residential Plots to Preserve City's Original Character. Fragmentation of single dwelling units into multiple apartments violates Rule 16 of Chandigarh Estate Rules, 2007 and the Chandigarh Master Plan 2031.

The case involves a Public Interest Litigation filed by the Chandigarh Citizens Forum (appellants) against the Chandigarh Administration and others, s...

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Madras High Court Allows Revision Petition to Strike Off Plaint in Owners Association Dispute — Suit Barred by Tamil Nadu Apartment Ownership Act, 1994 and Specific Relief Act, 1963. Owners Association lacked authority to sue for common areas; proper remedy was under the Act or arbitration.

The case involves a civil revision petition filed by Hiranandani Amalfi Owners Association (petitioner) under Article 227 of the Constitution of India...

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High Court of Bombay Examines Limitation for Suit Against Port Trust Under Section 120 of Major Port Trusts Act, 1963. Plaintiffs' Notice Under Section 120 Sent More Than Five Years After Lease Expiry and Accrual of Cause of Action.

The suit was instituted by Kewal Kishan Aggarwal and others against the Board of Trustees of the Port of Mumbai seeking renewal of seven leases that e...

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Bombay High Court Allows Municipal Corporation's Petition, Restores Eviction Orders Against Tenants for Subletting Under Section 105-B of Mumbai Municipal Corporation Act, 1888. Tenants failed to prove lawful occupation of alleged subtenants, burden of proof not discharged.

The Municipal Corporation of Greater Mumbai (MCGM) filed a writ petition challenging a common judgment and order dated 31st December 2008 passed by th...

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High Court Dismisses Petitions Against Railway Eviction Notices -- Residents of Malad Fail to Prove Legal Right to Railway Land -- Eviction Upheld for Public Infrastructure Development

The judgment involved 25 connected writ petitions filed by residents of Malad, Mumbai, against eviction notices from the Western Railway Administratio...

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Bombay High Court Adjudicates First Appeal Against Dismissal of Suit for Specific Performance. Cross Objection Filed by Defendants Challenges Direction to Repay with Interest.

The matter arose from a suit for specific performance filed by M/s. Gold Touch Real Estate Private Limited, a real estate developer, against six respo...