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Bombay High Court Dismisses Appellant's Second Appeal in Housing Board Dispute — Unauthorized Construction Not Ipso Facto Nuisance but Concurrent Findings Upheld. Civil Court Has Jurisdiction Despite Section 71 Bar of Maharashtra Housing and Area Development Act, 1976 as Suit Pertains to Private Rights.

The case involves a second appeal by the original defendant No.1, Sau. Smita Mohod, against concurrent judgments and decrees passed by the Trial Court...

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Karnataka High Court Upholds Executing Court’s Dismissal of Obstruction Applications Filed Under Order 21 Rule 97 and 99 CPC. Decree for Eviction Executed; Objectors Failed to Prove Possession at Time of Delivery.

The revision petitions arose from the execution of eviction decrees passed by the Small Causes Court in three eviction petitions filed by the decree h...

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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...

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Bombay High Court Dismisses Second Appeal in Ejectment Suit — Maintainability of Suit Without Rent Controller Permission Upheld. Lease Agreement for Fixed Term Not Requiring Notice Under Section 106 of Transfer of Property Act, 1882.

The case involves a second appeal by the defendant, Shankar s/o Ratiram Bhure, against the decree of ejectment passed by the trial court and confirmed...

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Bombay High Court Grants Interim Relief in Property Dispute Over Suit Premises — Appointment of Receiver and Injunction Sought. Court confirms ad-interim order restraining alienation and storage of combustible goods, but declines appointment of receiver at interim stage.

The plaintiff, Sanjeev Alias Sanjay Subhash Grover, filed a Notice of Motion in Suit No. 1989 of 1995 seeking ad-interim and interim relief against th...

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Bombay High Court Upholds Landlord's Eviction Decree for Bonafide Need in Rent Control Case. Tenant's Hardship Claim Rejected as Landlord's Need for Business Premises Outweighed.

The petitioner, Smt. Shakuntalabai Deoram Thange, was a tenant in one room on the ground floor of House No. 155, Ward No. 4, Daund, District Pune. The...