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Bombay High Court Allows Appeal Against Order Rejecting Plaint in Suit for Injunction and Declaration — Dispute Over Common Passage in Residential Building. Court Holds That Disputed Passage Is Not an 'Open Space' Under MOFA Section 1A(e) and That the Suit Is Not Barred by Limitation or Res Judicata.

The appellants, Zenobia R. Poonawala and Rohinton Poonwala, are residents of Flat No.9 in Rutton Manor, a residential building in Colaba, Mumbai. They...

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Bombay High Court Allows Second Appeal in MRTP Act Case — Notice Under Section 53(1) Challenged as Nullity for Shortfall in Statutory Period. Bar Under Section 149 of Maharashtra Regional and Town Planning Act, 1966 Does Not Apply When Notice Itself Is Invalid for Non-Compliance with Mandatory Period.

The appellant, Kishor S/o Ramalu @ Rambhau Telang, was the original plaintiff who received a notice dated 18.11.2010 under Section 53(1) of the Mahara...

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Bombay High Court Allows Petition to Set Aside Termination of Arbitral Proceedings and Constitute New Arbitral Tribunal Under Sections 9 and 14 of Arbitration and Conciliation Act, 1996 — Delay Condoned Due to Sufficient Cause Shown by Legal Heirs of Deceased Partner.

The petitioners, Neeta Lalit Sanghavi and Hemanshu Lalit Sanghavi, are the legal heirs of the deceased partner, Lalitkumar Vanmalidas Sanghavi. They f...

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Bombay High Court Dismisses Appeal Against Injunction in Suit for Declaration of Ownership and Possession of Chawl Rooms. Appellants Failed to Establish Prima Facie Case for Temporary Injunction Under Order 39 Rules 1 and 2 CPC.

The appellants, eleven individuals, filed a suit in the Bombay High Court seeking a declaration of ownership and permanent injunction in respect of ce...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Appellant failed to show any substantial question of law arising from concurrent findings of courts below regarding possession and title of suit property.

The case involves a second appeal filed by Sou. Sheetal Ulhas Dangi, who was the original defendant no.22, against the judgment and decree passed by t...