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Bombay High Court Allows Appeal in Specific Performance Suit — Upholds Appellate Court's Dismissal of Suit. Court holds that plaintiff failed to prove agreement and readiness and willingness, and suit was barred by limitation under Article 54 of Limitation Act, 1963.

The appeal arises from a suit for specific performance of an agreement for sale of immovable property. The plaintiff, Manoj Manilal Gala (appellant), ...

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Bombay High Court Dismisses Suit for Possession Against Trespassers for Lack of Jurisdiction Under Section 9A CPC. Court holds that the suit is not maintainable as the property is wakf property and the Wakf Tribunal has exclusive jurisdiction under the Wakf Act, 1995.

The plaintiffs, Valimohamed Haji Allarakha Sonawala Wakf through its trustees and mutawallis, filed a suit in the Bombay High Court seeking a declarat...

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Bombay High Court Enhances Royalty for Court Receiver's Property in License Dispute. Court modifies Receiver's order fixing royalty at Rs.45,000 per month and enhances to Rs.1,50,000 per month based on valuation report and market rates.

The plaintiff filed a chamber summons seeking modification of the Court Receiver's order dated 24 August 2010 fixing royalty at Rs.45,000 per month fo...

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High Court of Karnataka Allows Second Appeal in Execution Petition — Limitation for Appeal Under Section 100 CPC Not Applicable to Orders Under Order 21 Rule 32 CPC. First Appellate Court Directed to Consider Condonation of Delay Application on Merits Before Dismissing Appeal as Time-Barred.

This second appeal was filed by the decree-holder in HRC 4/78 against the rejection of his execution petition in Exn.P.162/90 and the judgment of the ...

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Bombay High Court Allows Petition Challenging Trial Court Order on Valuation and Court Fees in Suit for Share in CIDCO Plots. The court set aside the order directing revaluation and payment of additional court fees as it was passed without any evidence or inquiry.

The petitioners, original defendants in Regular Civil Suit No.61 of 2006, challenged an order dated 5/10/2010 passed by the learned Joint Civil Judge,...

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Bombay High Court Appoints Court Receiver in Property Dispute Between Family Members Over Sonal Building and Flat No.3A. Court Receiver appointed under Order XL CPC for building and flat, with power to appoint agent for use on payment of compensation.

The present Notice of Motion was taken out by the plaintiff, Rohit Vanmalidas Mehta, in a suit pending before the Bombay High Court. The dispute perta...

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Bombay High Court Dismisses Winding Up Petition in 50:50 Joint Venture Due to Availability of Buy-Out Remedy. Loss of mutual trust and confidence does not automatically justify winding up under Section 433(f) of the Companies Act, 1956 when one party is willing to purchase the other's shares.

The petitioner, Severn Trent Water Purification Inc, filed a winding up petition under Section 433(f) of the Companies Act, 1956 against Capital Contr...

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Bombay High Court Dismisses Appeal in MHADA Tenement Dispute — Plaintiffs Fail to Prove Right to Use New Room Allotted to Defendant. Claim of Common Baithak for Villagers Not Established as Tenancy Was in Name of Deceased Husband.

The appellants, original plaintiffs, filed a suit for declaration and injunction in respect of a tenement of MHADA. They claimed that they, along with...