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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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Bombay High Court Upholds Injunction in Favor of Tenant in Land Dispute with Agricultural Corporation. The court restored the trial court's interim injunction protecting the petitioner's possession based on prima facie tenancy rights and balance of convenience.

The petitioner, Baliram Dagadu Mundfane, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and order dated...

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Bombay High Court Dismisses Appeal Against Demolition Notice for Unauthorized Construction Under Section 354A of Mumbai Municipal Corporation Act. Tenant Failed to Prove Permission for Construction and Suit Was Barred by Lack of Statutory Notice Under Section 527 of BMC Act.

The appellant, Shivashankar Swami, filed a suit in the Bombay City Civil Court challenging a notice dated 5 July 1999 issued under Section 354A of the...

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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 Appeal Against Refusal of Injunction in Municipal Demolition Case. Assessment of Property Tax Does Not Confer Legality on Unauthorised Construction Under Section 351 of Mumbai Municipal Corporation Act, 1888.

The appellant, a tenant of a shop in Mumbai, filed an appeal against an order of the City Civil Court, Mumbai, refusing to grant ad interim injunction...

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Bombay High Court Dismisses Appeal in Property Dispute Against Municipal Corporation — Suit Barred by Limitation and Res Judicata. Claim for Declaration of Ownership and Injunction Fails as Plaintiff Failed to Prove Title and Suit Was Filed Beyond Limitation Period Under Limitation Act, 1963.

The appeal arises from a suit filed in 1979 by the original plaintiff, Motilal Mahadev Sharma, against the Municipal Corporation of Greater Bombay see...