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Bombay High Court Dismisses Appeal in Specific Performance Suit Due to Non-Prosecution and Lack of Sufficient Cause for Restoration. Plaintiff failed to appear for 11 years and did not provide adequate explanation for delay in seeking restoration of suit.

The appellant, Sau. Maya Jagtap, filed Special Civil Suit No.94/2000 seeking specific performance of an agreement to sell an agricultural field before...

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High Court of Karnataka Allows Writ Petition in Income Tax Case — Orders of Authority for Advance Rulings Quashed for Violation of Natural Justice. Dismissal for Non-Prosecution Without Notice and Rejection of Restoration Without Hearing Set Aside, Matter Remitted for Fresh Consideration.

The petitioner, M/s Onmobile Global Limited, a company engaged in telecommunication value added services, had entered into a partnership agreement wit...

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Bombay High Court Dismisses Petition Seeking Restoration of Execution Application Due to Abatement — Execution Application Abates on Death of Judgment-Debtor if Legal Representatives Not Brought on Record Within Limitation Under Order 22 Rule 12 CPC.

The petitioners, original defendants in a civil suit, challenged the order dated 04.07.2015 rejecting their MARJI No.527/2012 seeking restoration of R...

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High Court Allows Appeal Against Trial Court's Order Setting Aside Its Own Restoration Order Without Jurisdiction. Trial Court Cannot Rectify Its Own Error Under Order XXXIX Rule 11(2) CPC as It Becomes Functus Officio.

The appeal arises from an order dated 25.8.2015 passed by the Civil Judge, Senior Division, Akola in M.J.C. No. 937/2014. The appellant, Purushottam N...

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Bombay High Court Heard Writ Petition Challenging Interim Stay of Consent Decree in Fraud Allegations. The Court Examined Whether Third Parties Can Apply for Recall of Consent Decree Under Order XXIII Rule 3 and Section 151 of Code of Civil Procedure, 1908.

The writ petition arose from a challenge to an interim order of a Civil Judge staying a consent decree and restoring a disposed suit at the instance o...

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High Court of Bombay Quashes Orders Rejecting Tenant's Application for Restoration of Possession of Agricultural Land Under Hyderabad Tenancy Act. Court Holds Application Filed on 19 February 1970 Was Within Two-Year Limitation Period from Sale Deed Dated 20 February 1968 and Dispossession in June 1968.

The dispute involved agricultural land bearing Survey No.27 at Chincholi Nakub, Kannad, Aurangabad, where the father of the petitioners was a protecte...

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Bombay High Court Allows Petitioner's Challenge Against Revenue Minister's Order Setting Aside Restoration of Land to Tenant. Delay of 34 Years in Filing Appeal Not Sufficiently Explained, Condonation Order Set Aside.

The petitioner, Debashish Devnarayan Ghosh, filed two writ petitions challenging orders passed by the Revenue Minister of Maharashtra and the Addition...