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Bombay High Court Allows Appeal in Property Suit, Sets Aside Order Rejecting Plaint for Non-Prosecution. Court holds that dismissal of suit for default under Order IX Rule 8 CPC is not permissible when the plaintiff's counsel is absent but the defendant is present and ready to proceed.

The appellant, Prabhudayal Pande, filed a First Appeal against an order dated 14.8.2014 passed by the 8th Joint Civil Judge (Sr.Dn.), Nagpur, in Speci...

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Bombay High Court Allows Amendment of Plaint in Partition Suit, Emphasizing Liberal Approach to Pleadings. Court holds that amendment should be allowed to avoid multiplicity of proceedings and to determine real questions in controversy between parties.

The petitioner, original plaintiff in Regular Civil Suit No.39 of 2008 pending before the Civil Judge (Jr.Dn.), Karanja Lad, District Washim, filed a ...

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Bombay High Court Dismisses Second Appeal in Possession Suit — Licensee Status Upheld. Brother-in-law held to be gratuitous licensee, not co-owner, as plaintiff proved self-acquisition of property under Transfer of Property Act, 1882.

The case involves a dispute between Sujata Ashok Moon (plaintiff/respondent) and Rajendra Parasramji Moon (defendant/appellant) over possession of a t...

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Bombay High Court Orders Possession Recovery in Trespass Suit Against Unauthorized Occupant of Tenanted Premises. Statutory Tenancy Cannot Be Bequeathed by Will; Only Heirs Entitled Under Section 5(11)(c) of Bombay Rent Act.

The plaintiff, Shaikh Jaber Abdulah J AI Sabah, owner of the suit building AlJabriya Court at Marine Drive, Mumbai, filed a suit for recovery of posse...

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Bombay High Court Enhances Royalty for Court Receiver's Property in License Dispute. Court modifies Receiver's order fixing royalty at Rs.45,000 per month and enhances to Rs.1,50,000 per month based on valuation report and market rates.

The plaintiff filed a chamber summons seeking modification of the Court Receiver's order dated 24 August 2010 fixing royalty at Rs.45,000 per month fo...

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Bombay High Court Allows Writ Petition Challenging Review of Interim Maintenance Order in Partition Suit — Review Without Change in Circumstances Not Permissible Under Section 151 CPC. The court restored the maintenance order of Rs.500 per month granted to the plaintiff-petitioner pending suit.

The petitioner, Smt. Janabai Ramchandra Barge, filed a writ petition under Article 227 of the Constitution of India challenging an order passed by the...

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Bombay High Court Dismisses Landlord's Petition Challenging Tenant's Purchase Rights Under Bombay Tenancy Act — Landlord's Failure to Cultivate Land Within One Year of Purchase Triggers Tenant's Right to Purchase Under Section 84 of Bombay Tenancy and Agricultural Lands Act, 1948.

The case involves a dispute under the Bombay Tenancy and Agricultural Lands Act, 1948, regarding agricultural land in Survey No. 341, admeasuring 15 a...

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Bombay High Court Dismisses Landlord's Revision Against Setting Aside of Exparte Decree in Rent Control Case. Tenant's Application Under Order 9 Rule 13 CPC Allowed Due to Improper Service of Summons.

The case involves a civil revision application filed by the landlord, Shailesh Sudhir Joglekar, against the judgment and order dated 26th February 199...