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Bombay High Court Dismisses Petition for Impleadment in Specific Performance Suit — Petitioners Not Necessary or Proper Parties Under Order I Rule 10(2) CPC. Leasehold Rights Acquired Pending Suit Are Subject to Lis Pendens and Do Not Entitle Impleadment.

The petitioners, Sandeep Ramesh Solanki and others, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 1...

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Bombay High Court Dismisses Petition in Property Dispute Between Near Relations — Upholds Concurrent Findings of Courts Below. Adverse Possession Claim Fails as Petitioner Failed to Prove Hostile Possession and Ouster of True Owner.

The dispute pertained to a property tussle between near relations. The petitioner, M/s Jwel Buildcon Pvt. Ltd., claimed title by adverse possession ov...

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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...

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Bombay High Court Dismisses Appeal in Tenancy Dispute, Upholds Respondent's Sole Entitlement to Suit Premises. Court Holds That Rent Receipts Are Best Evidence of Tenancy and Appellants Failed to Prove Joint Tenancy.

The case involves a dispute over tenancy rights in a suit premises consisting of four rooms on the second floor of a building known as 'Haroon Manzil'...

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High Court of Karnataka Allows Appeal in Insurance Nomination Dispute — Mother of Deceased Policyholder Entitled to Insurance Proceeds as Nominee Under Section 39 of Insurance Act, 1938. Nominee is a Trustee, Not Beneficial Owner; Suit for Declaration and Injunction by Legal Heirs Not Maintainable.

The appellant, Smt. Yashodha, is the mother and nominee of the deceased policyholder, Sri Rohith S, who died intestate. The respondents, Smt. Rashmi J...