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Supreme Court Allows Appeal in Execution Proceedings: Consent Decree Enforceable Despite Absence of Formal Decree. The Court held that a consent order under Order 23 Rule 3 CPC is a decree and executable even without a formal decree being drawn.

The Supreme Court allowed the appeal filed by the appellant, Sir Sobha Singh And Sons Pvt. Ltd., against the judgment of the Delhi High Court. The dis...

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High Court of Bombay at Goa Dismisses Second Appeal in Property Suit — Appellants Not Defendants in Original Suit. The court held that the appellants, who were not parties to the original suit, cannot challenge the decree as they were not defendants and the suit was not collusive.

The case involves a second appeal filed by the appellants, who claimed to be the defendants in Regular Civil Suit No.54/2001. However, upon examinatio...

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Bombay High Court Allows Writ Petition Against Arbitrator Under Multi-State Co-operative Societies Act, 2002. Single Judge Holds Rule 18 of Bombay High Court Appellate Side Rules, 1960 Not Exhaustive and Maintains Jurisdiction Under Article 226.

The petitioner, M/s. Modern Anitasha Electronics, a proprietorship concern, filed a writ petition under Article 226 of the Constitution of India chall...

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High Court of Bombay at Goa Dismisses Revision Against Execution Orders — Decree Holder Entitled to Possession Despite Alleged Non-Joinder of Necessary Parties. Execution Court Cannot Go Behind Decree; Objections Under Section 47 CPC Not Maintainable.

The applicants (judgment-debtors) filed a civil revision application challenging two orders dated 31/07/2018 and 30/10/2018 passed by the Senior Civil...

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Bombay High Court Dismisses Second Appeal in Possession Suit Based on Title — Concurrent Findings of Permissive Possession and Adverse Possession Not Proved.

The case involves a second appeal filed by the original defendant No.1, Balasaheb Govind Basugade, challenging concurrent judgments and decrees passed...

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Bombay High Court Dismisses Landlords' Petition Challenging Small Causes Court's Power to Grant Injunction in Landlord-Tenant Dispute. Small Causes Court Has Jurisdiction Under Section 26 of Provincial Small Causes Court Act, 1887 to Grant Temporary Injunction Even When Third Party Claims Tenancy.

The case involves a writ petition filed by the landlords, Subhash s/o Stnarayan Joshi and another, challenging orders of the Small Causes Court and th...

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Bombay High Court Dismisses Revision Against Eviction Decree in Landlord-Tenant Dispute — Bona Fide Need for Hotel Business Established. Landlord's son's need for premises to start hotel business held genuine and reasonable under Section 16 of Maharashtra Rent Control Act, 1999.

The case arises from a civil suit filed by the respondents (original plaintiffs) against the applicants (original defendants) for possession of suit p...

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Bombay High Court Dismisses Tenant's Revision in Eviction Suit for Unauthorized Subletting. Concurrent findings of fact that tenant sublet premises without landlord's consent under Section 15 of Maharashtra Rent Control Act, 1999, upheld.

The Khadi and Village Industries Commission (KVIC), a statutory body, was a monthly tenant of a godown premises in Mumbai owned by the respondents (la...