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Bombay High Court Allows Decree-Holder's Execution Against Pendente Lite Purchaser in Possession Suit. Held that a purchaser pendente lite is bound by the decree and can be dispossessed in execution under Order 21 Rule 35 CPC without a separate suit.

The petitioner, Kashinath Ramji Shinde (since deceased, represented by legal heirs), filed a suit in 1987 seeking possession, declaration, and mesne p...

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Bombay High Court Dismisses Revision Application Challenging Restoration of Suit in Property Dispute — Plaint Not Barred by Res Judicata or Specific Relief Act. New Cause of Action Arising from Assignment of Lease Justifies Fresh Declaratory Suit Under Order 7 Rule 11 CPC.

The case involves a long-standing property dispute over a plot of land in Naigaon, Dadar, Mumbai. The original lessee, Goswami Maharaj, granted a 999-...

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Bombay High Court Allows Second Appeal Against Rejection of Condonation of Delay in Exparte Decree Case. Court Holds That Liberal Approach Is Required When Delay Is Not Due to Wilful Neglect and Sufficient Cause Is Shown.

The case involves a Second Appeal filed by Pushkaraj Wagh (appellant/original defendant) against an exparte decree passed in Spl. Civil Suit No. 22/20...

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High Court of Bombay at Aurangabad Dismisses Writ Petition Seeking Compassionate Appointment After 17 Years Delay. Petitioner failed to apply within prescribed time limits under Government Resolutions of 1985 and 1996, and no continuing cause of action existed.

The petitioner, Pawan Dinkar Palaskar, filed a writ petition challenging the order of the Maharashtra Administrative Tribunal, Aurangabad Bench, dated...

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Bombay High Court Allows Appeal Against Remand Order in Licence Fee Dispute — Trial Court Must Decide Suit on Merits Without Being Influenced by Observations in Remand Order. Appellate Court Exceeded Jurisdiction Under Order XLI Rules 23, 23-A, 25 CPC by Remanding Without Deciding Appeal on Merits.

The appellant (original plaintiff) filed Regular Civil Suit No.1900/2012 (Old Special Civil Suit No.535/2008) for mandatory injunction and recovery of...

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Bombay High Court Allows Electricity Board's Petition Challenging Injunction Against Disconnection for Non-Payment of Arrears. Inherent Powers Under Section 151 CPC Cannot Be Used to Restrain Disconnection Under Section 56 of Electricity Act, 2003.

The petitioner, Maharashtra State Electricity Board (now Maharashtra State Electricity Distribution Co. Ltd.), challenged an order passed by the Civil...