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Bombay High Court Decides Appeal Against Interim Injunction in Tenancy Possession Dispute; Considers Whether Temporary Restraint Order Was Justified

The case arose from a tenancy and possession dispute over Flat No.5, Second Floor, Goolestan, Cuffe Parade, Mumbai. The plaintiff, a senior citizen an...

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Gujarat High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sale of New Tenure Land by Adivasi Requires Government Permission; Plaintiff Failed to Prove Readiness and Willingness.

The appellant, Shantaben Gopalbhai Tadvi, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent jud...

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Bombay High Court Allows Revision in Rent Control Eviction Suit — Notice Not Validly Served Under Section 15(2) of Maharashtra Rent Control Act, 1999. Appellate Bench's decree set aside for failure to consider jurisdictional issue of service of demand notice.

The case arises from a civil revision application filed by the defendant-tenant, Ms. Gloria Lois Crasto, challenging the judgment and decree dated 2 M...

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Bombay High Court at Goa Dismisses Defendants' Writ Petition in Suit for Possession and Mesne Profits — Issues of Mundkarship and Tenancy Not Referable to Mamlatdar as They Are Not Substantial and Triable by Civil Court.

The case involves a suit for possession and mesne profits filed by the plaintiffs (respondents) against the defendants (petitioners) in respect of a p...

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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...