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Bombay High Court Dismisses Revision Application Challenging Restoration of Suit in Property Dispute — Plaint Not Barred by Res Judicata or Specific Relief Act. New Cause of Action Arising from Assignment of Lease Justifies Fresh Declaratory Suit Under Order 7 Rule 11 CPC.

The case involves a long-standing property dispute over a plot of land in Naigaon, Dadar, Mumbai. The original lessee, Goswami Maharaj, granted a 999-...

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Bombay High Court Allows Writ Petition in Rent and Possession Dispute, Remands Suit for Fresh Adjudication on Merits — Appellate Court's Remand Order Set Aside for Lack of Proper Reasoning and Non-Compliance with Order 41 Rule 23 CPC.

The petitioner, the original plaintiff, filed a writ petition challenging the judgment and decree dated 25/02/2020 passed by the District Judge-4, Cha...

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High Court of Karnataka Hears Regular First Appeals in Specific Performance and Permanent Injunction. Trial Court Dismissed Specific Performance Suit and Decreed Injunction; Plaintiff's Claim of Agreement to Sell and Possession Not Accepted, Subsequent Purchaser's Possession Protected.

The Regular First Appeals arose from a common judgment dated 13.09.2005 by the I Additional City Civil and Sessions Judge, Bengaluru, in two suits: O....

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Bombay High Court Dismisses LIC's Revision Against Eviction Decree in Rent Control Matter — Lease Deed Not Attested by Two Witnesses as Required Under Section 3 of Transfer of Property Act, 1882, Rendering It Invalid as a Lease from Year to Year or Month to Month.

The case involves a Civil Revision Application filed by the Life Insurance Corporation of India (LIC) against the judgment and order of the Appellate ...

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Bombay High Court Dismisses Revision by HPCL Against Rejection of Plaint Rejection Application in Suit for Declaration and Injunction. Lease Deed and Possession Do Not Bar Suit as Plaintiff Alleges Breach of Obligations by HPCL Regarding Change of Land Use and Construction of Petrol Pump.

The case involves a Civil Revision Application filed by Hindustan Petroleum Corporation Limited (HPCL) challenging an order passed by the 6th Joint Ci...

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Bombay High Court Dismisses Revision Against Eviction Decree in Leave and License Dispute — Licensee Bank Held Not Entitled to Protection Under Maharashtra Rent Control Act After License Expiry.

The applicants (original plaintiffs) were owners of a building at Turner Road, Bandra, Mumbai. They executed a leave and license agreement with the re...