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Bombay High Court Dismisses Second Appeal in Property Dispute Between Brothers — Concurrent Findings of Fact Not Interfered With. Suit for Possession and Injunction Dismissed as Plaintiff Failed to Prove Title and Encroachment.

The plaintiff, Bhagwatrao Randive, filed a suit for possession and permanent injunction against his brother, Panditrao Randive, alleging encroachment ...

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Bombay High Court Dismisses Summary Judgment in Commercial Suit for Unpaid Rent, Grants Unconditional Leave to Defend. Triable issues raised regarding termination of lease and liability of partners under the Indian Partnership Act, 1932.

The plaintiff, PVR Ltd., filed a Commercial Summary Suit against the defendants, Proetus Ventures LLP and its partners, Shardul Bayas and Abhinay Rame...

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Bombay High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Possession and Title. Co-owner in possession cannot be dispossessed except by due process of law; decree for possession based on title is maintainable.

The present second appeal was filed by the original defendant (Rakesh Engineering, through its proprietor Chandrika Mohan Sharma) against the judgment...

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Bombay High Court Dismisses Tenants' Petition Challenging Eviction Decree on Ground of Bonafide Need Under Maharashtra Rent Control Act, 1999. Concurrent findings of bonafide need of landlords' sons for business upheld as not perverse.

The petitioners, tenants of a commercial premises, challenged concurrent eviction decrees passed by the Small Causes Court and the Appellate Court und...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Executing Court's Order Refusing to Recall Warrant of Possession Under Order XXI Rule 97 CPC. Executing Court's Discretion to Refuse Recall of Warrant After Delivery of Possession Upheld as No Material Irregularity Shown.

The petitioners, original decree holders in Execution Application No. 22/2008, filed a writ petition under Article 227 of the Constitution challenging...

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Bombay High Court Allows Landlord's Writ Petition in Eviction Suit — Reverses Appellate Court's Dismissal for Non-Prosecution. Landlord's Bonafide Need for Suit Block Established; Tenant's Irregular Rent Payment Proved.

The petitioner, Abdul Gani, was the plaintiff in Regular Civil Suit No. 195/2013 seeking eviction of the respondent-tenant, Dilip Gopaldas Duwani, fro...

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Bombay High Court Allows Appeals by Tenant Defendants in Possession Suit, Sets Aside Injunction. Court holds that tenants in possession cannot be injuncted without a decree for possession, and a suit for injunction simpliciter is maintainable against a landlord.

The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Family Property Dispute. Court Upholds Arbitrator's Findings of Fact Under Section 34 of Arbitration and Conciliation Act, 1996, Holding That Interference Is Not Warranted Unless Award Is Perverse or Contrary to Public Policy.

The present writ petition under Article 227 of the Constitution of India was filed by the petitioners, who are legal representatives of the original p...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Upheld. No substantial question of law arose as the first appellate court's findings were based on evidence and not perverse under Section 100 CPC.

The present second appeal was filed by the original defendants against the judgment and decree passed by the first appellate court, which had confirme...