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Bombay High Court Dismisses Tenant's Writ Petition Challenging Concurrent Findings on Ex Parte Decree. Tenant Failed to Establish Sufficient Cause for Non-Appearance Under Order IX Rule 13 CPC.

The petitioner, Sakuma Finvest Pvt. Ltd., was the tenant of the respondent, Chemox Exports Imports Pvt. Ltd. The landlord filed RAE Suit No.1398/3081 ...

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CIVIL APPELLATE JURISDICTION

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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Concurrent Findings on Oral Partition. Court holds that finding of oral partition in 1958 was perverse and that the Appellate Court erred in assuming that the eldest son acted as Karta during father's lifetime.

The case involves a second appeal arising from a partition suit. The appellants, legal representatives of the original plaintiff Shankar Ganpati Jagta...

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Bombay High Court Dismisses Tenant's Revision in Eviction Suit for Unauthorized Subletting. Concurrent findings of fact that tenant sublet premises without landlord's consent under Section 15 of Maharashtra Rent Control Act, 1999, upheld.

The Khadi and Village Industries Commission (KVIC), a statutory body, was a monthly tenant of a godown premises in Mumbai owned by the respondents (la...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Will Proved Under Section 68 of Indian Evidence Act, 1872. Daughter's claim for share as heir fails as Will Exh.-44 is held duly executed and attested.

The appellant, Kasturibai w/o Dadarao Wankhade, filed a second appeal challenging the concurrent judgments of the trial court and first appellate cour...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Agreement to Sell Not Proved. Concurrent findings of courts below upheld that plaintiff failed to prove agreement and suit was barred by limitation under Specific Relief Act, 1963.

The appellant, Smt. Doshmani w/o. Vasantlal Bahoria, filed a Second Appeal against the judgment and order dated 26.4.2007 passed by the Adhoc District...