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Supreme Court Dismisses Appeal Against Impounding of Agreements to Sell Under Maharashtra Stamp Act — Agreements Not Part of Single Transaction, Possession Transferred, Deemed Conveyance Under Explanation I to Article 25 of Schedule I.

The appellants, Shyamsundar Radheshyam Agrawal and another, filed a suit for declaration and injunction in Special Civil Suit No.200 of 2008. During t...

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Bombay High Court Allows Writ Petition Challenging Lifting of Temporary Injunction in Property Dispute. Court Restores Injunction Restraining Alienation and Development of Suit Property Pending Suit for Declaration of Share and Challenge to Revocation of Will and Gift Deed.

The petitioner, Ravikiran Vasant Gore, filed two writ petitions challenging the judgment and order dated 25 January 2021 passed by the District Judge-...

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Bombay High Court Dismisses Petition Challenging Amendment in Partition Suit After Trial Commenced. Amendment to Add Properties and Parties Allowed as Not Changing Nature of Suit and Due Diligence Found.

The petitioners, original defendants in Special Civil Suit No. 160 of 2012, challenged orders dated 13/03/2019 allowing two applications (exhibit no. ...

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Bombay High Court Quashes Deemed Conveyance Order in MOFA Case — Incomplete Development and Rights of Other Flat Owners Ignored. Unilateral Conveyance of Entire Land to One Society Held Invalid When Other Buildings Remain Unfinished and Governed by Different Enactment.

The petitioners, Marathon Next Gen Realty Limited and Marathon Realty Private Limited, are the owners and developers of a large parcel of land admeasu...

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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 Dismisses Judgment Debtor's Objection to Execution of Decree Based on Jurisdictional Challenge Under Section 39(4) CPC. Court Holds That Section 39(4) CPC Does Not Bar Execution by the Court That Passed the Decree When the Property Is Situated Outside Its Local Limits.

The present chamber summons arose out of a suit filed by ICICI Ltd, as Debenture Trustees, against Kothri Industrial Corporation Ltd and others for re...