Search Results for "appeal abatement"

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Bombay High Court Dismisses Writ Petitions Challenging Condonation of Delay and Setting Aside of Abatement in Civil Suit Kept Sine Die Pending Tenancy Issue. Legal Heirs Brought on Record in Connected Tenancy Proceedings Sufficient to Keep Suit Alive Under Section 58(2) of Goa Tenancy Act, 1964.

The petitioners, legal heirs of the original defendant Anand Visvambora Bandodkar, challenged the order of the First Appellate Authority dated 31.3.20...

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Bombay High Court Dismisses Tenants' Revision in Eviction Suit Based on Bona Fide Requirement — Concurrent Findings of Courts Below Upheld. Subsequent Induction of New Tenant in Adjacent Shop Not Relevant as It Was Not Part of Suit Property.

The case involves a suit for eviction filed by the owners (plaintiffs) against the tenants (defendants) in respect of two shops, on the ground of bona...

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Bombay High Court Dismisses Application for Condonation of 3014 Days Delay in Filing Appeal — Gross Negligence and Lack of Sufficient Cause. Delay of 3014 days in filing appeal against arbitration order not condoned as applicants failed to explain each day's delay and showed gross negligence.

The applicants, Padmsey Khimji Chheda and another, filed a Notice of Motion seeking condonation of 3014 days delay in filing Appeal (Lodging) No. 569 ...

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Bombay High Court Dismisses Second Appeal in Mortgage Redemption Suit Due to Abatement — Failure to Bring Legal Heirs on Record Within Limitation Results in Dismissal of Appeal as Abated.

The case arises from a Regular Civil Suit No.158 of 1990 filed for redemption of mortgage. The suit was dismissed on 5th May 2001. The appellants (pla...

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Bombay High Court Dismisses Revision Against Rejection of Amendment Application in Civil Suit — Amendment Sought After 11 Years and After Commencement of Trial Held Not Bonafide and Would Cause Prejudice to Opposite Party.

The petitioners, who were defendants in Special Civil Suit No.123 of 1990 filed by the predecessor of respondents No.1 to 8, challenged the order date...

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Bombay High Court Allows Municipal Council's Application for Condonation of Delay in Filing Second Appeal Against Eviction Decree. Delay of 3 Years and 7 Months Condoned as Sufficient Cause Shown for Non-Filing Due to Administrative Lapses and Change of Officers.

The Nandurbar Municipal Council, through its Chief Officer, filed two civil applications (CA/14019/2010 and CA/14020/2010) in the Bombay High Court at...