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Bombay High Court Examines Whether Temporary Injunction to Restrain Alienation Pending Suit is Necessary Despite Section 52 of Transfer of Property Act, 1882. The Court Revisits Its Earlier Decision in Sharad Mor's Case in the Context of Multiple Appeals from Orders Refusing Injunctions.

These appeals raised a common question about the necessity of granting a temporary injunction to restrain a defendant from creating third party intere...

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Bombay High Court Dismisses Appeal in Specific Performance Suit Against LIC — Tenant Association Fails to Prove Readiness and Willingness. Agreement to Sell Not Concluded as Essential Terms Remained Unsettled and No Binding Contract Was Formed Under Section 10 of Specific Relief Act, 1963.

The appeal arose from a decree of the City Civil Court, Greater Mumbai dismissing S.C. Suit No. 8228 of 1984, which was a suit for specific performanc...

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Bombay High Court Allows Appeal Against Rejection of Application to Set Aside Ex Parte Decree — Remands for Fresh Consideration on Merits. Trial Court's Failure to Consider Sufficient Cause Under Order IX Rule 13 CPC Constitutes Failure to Exercise Jurisdiction.

The appeal arises from an order dated 15 November 2021 passed by the City Civil Court, Bombay, rejecting Notice of Motion No.3946 of 2019 filed by the...

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Bombay High Court Grants Interim Injunction Restraining Construction in Property Dispute Among Family Members. Alleged Breach of Development Agreement and Illegal Construction on Common Property Leads to Status Quo Order.

The dispute arises out of a family arrangement among the Motwane family members regarding a larger property at Khar, Mumbai. On 31st March, 1990, the ...