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Bombay High Court Quashes Remand Order in Co-operative Loan Recovery Case — Borrower's Admission of Liability Precludes Reopening of Accounts. Co-operative Appellate Court Exceeded Jurisdiction by Setting Aside Consent Decree Based on Borrower's Own Default in Payment.

The petitioner, Yashomandir Sahakari Patpedhi Maryadit, a co-operative society, filed a dispute under Section 91 of the Maharashtra Co-operative Socie...

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Bombay High Court Dismisses Partition Suit as Barred by Res Judicata and Limitation in Family Property Dispute. Consent decree in earlier suit and ouster of co-owners bars subsequent suit for partition under Section 11 CPC and Article 65 of Limitation Act, 1963.

The plaintiffs, Rusi Hormusji Pavri and others, filed a suit for partition and declaration of co-ownership of 'Pavri House' against the defendants, wh...

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Bombay High Court Dismisses Petitions Challenging Consent Decree in Suit for Specific Performance — No Fraud or Collusion Found in Consent Terms Filed by Counsel. Consent decree upheld as valid and binding under Order XXIII Rule 3 CPC.

The petitioners, Dhanaji Kashinath Shendkar and others, filed writ petitions challenging a consent decree passed in a suit for specific performance. T...

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Gujarat High Court Dismisses Association's Petition Challenging Lok Adalat Consent Decree. Consent decree based on signed consent terms is final and cannot be challenged under Article 226/227.

The petitioner, Avinash Estate Owners Association, filed a writ petition under Article 226/227 of the Constitution before the Gujarat High Court chall...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in MOFA Conveyance Suit. Concurrent findings of trial court and appellate court that plaintiff failed to establish prima facie case for injunction upheld.

The petitioner, Sita Vihar Co-operative Housing Society Ltd., filed a writ petition challenging the concurrent rejection of its application for tempor...

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High Court of Karnataka Allows Appeal in Partition Suit — Res Judicata Not Applicable to Earlier Consent Decree Without Adjudication. Consent Decree Does Not Bar Subsequent Suit Under Section 11 CPC as There Is No Adjudication on Merits.

The appellant-plaintiff filed a suit for partition and separate possession of suit schedule A, B and C properties, claiming they were ancestral joint ...