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Bombay High Court Dismisses Writ Petition Challenging Rejection of Application to Stay Suit Under Section 10 CPC. Court Held That Section 10 CPC Does Not Apply When Parties Are Not Same in Both Suits and Subject Matter Is Not Directly and Substantially in Issue.

The petitioner, original plaintiff, filed Regular Civil Suit No.19 of 2009 seeking a declaration that a sale deed dated 31/10/2008 was obtained by fra...

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High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order in Civil Suit — No Jurisdictional Error Found in Rejection of Application Under Order 7 Rule 11 CPC. The court held that the trial court's order was a plausible view and did not warrant interference under Article 227.

The petitioners, who are defendants in a civil suit, filed a writ petition under Article 227 of the Constitution of India challenging the order dated ...

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Bombay High Court Allows Appointment of Sole Arbitrator in Joint Venture Dispute — Arbitration Clause Survives Termination of Agreement. Section 11 of the Arbitration and Conciliation Act, 1996 invoked for disputes arising from Joint Venture Agreement dated 28th March, 2007.

The applicant, M/s. Atul & Arkade Realty, a partnership firm engaged in real estate development, filed an application under Section 11 of the Arbitrat...

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Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...

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KAHC010366622012_1

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit — Order VII Rule 11 CPC Application Not Maintainable After Preliminary Decree. Preliminary Decree Attains Finality After Dismissal of SLP, Plaint Merges into Decree.

The case involves a long-standing partition dispute between the parties. The great-grandmother of Applicant Nos.1 and 2 originally filed Special Civil...

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High Court of Judicature at Bombay, Bench at Aurangabad Dismisses Writ Petition Challenging Invalidation of Scheduled Tribe Certificate. Court Finds Suppression of Material Facts and Interpolation in Old School Record Vitiates Claim, Parity Claim Rejected.

Background: The petitioner, Manoj Nagnath Koli, obtained a Scheduled Tribe certificate as 'Koli Mahadeo' from the Sub Divisional Officer, Dharashiv, o...