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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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High Court of Karnataka Hears Appeal Against Decree for Rectification of Partition Deed in Brothers' Property Dispute. The Trial Court had Directed Execution of Rectification Deed and Permanent Injunction, Finding Existence of Joint Family and Error in Site Number.

The appeal arises from a suit for specific performance in the form of rectification of a partition deed and alternative partition, filed by one brothe...

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Gujarat High Court Allows Amendment Application in Partition Suit — Holds That Adding Property and Changing Valuation Does Not Alter Nature of Suit. Amendment Under Order VI Rule 17 CPC Must Be Liberally Granted to Determine Real Controversy Between Parties.

The present petitions under Articles 226 and 227 of the Constitution of India were filed by the original plaintiffs (petitioners) challenging the orde...

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Supreme Court Allows Appeal Against High Court Order Returning Plaint for Want of Pecuniary Jurisdiction in Suit for Injunction and Damages. The Court Held That for Order VII Rule 11 CPC, Only Plaint Averments Are Relevant, Not Evidence.

The appellant, Bharat Bhushan Gupta, filed a suit for mandatory and prohibitory injunction and recovery of damages against the respondents, Pratap Nar...

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Supreme Court Allows Appeal in Preemption Decree Default Case – Stay of Execution Did Not Extend Time for Deposit. Interpretation of Order XX Rule 14 CPC Concerning Automatic Extension of Time After Stay.

The Supreme Court considered the effect of a stay of execution on a time-bound direction to deposit purchase money in a preemption decree. The decree-...

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Bombay High Court Allows Decree Holder's Execution and Sets Aside Condition of Deposit in Cooperative Court Award Execution. Court holds that a third party not bound by the award cannot be directed to deposit occupation charges as a condition for stay of execution.

The judgment concerns two writ petitions arising from the same order of the District Court. The decree holder (Mangala Keshav Gavhale) obtained an awa...