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Bombay High Court Allows Interim Application in Suit for Specific Performance and Injunction — Prima Facie Case Established for Protection of Possession. Court restrains defendant from interfering with plaintiff's possession of suit premises pending disposal of suit under Specific Relief Act, 1963.

The plaintiff, Indiaideas.com Limited, filed a suit for specific performance and permanent injunction against Supreme Chambers Condominium and Supreme...

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Bombay High Court Dismisses Civil Revision Applications Challenging Order to Remove Encroachments from Suit Property in Partition Suit. Court Upholds Trial Court's Discretion Under Order 39 Rule 1 and 2 CPC to Direct Removal of Encroachments During Pendency of Suit to Preserve Subject Matter of Suit.

The case involves two Civil Revision Applications filed by the applicants (original defendants) challenging an order dated 30/04/2019 passed by the Ci...

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Bombay High Court Quashes Cancellation of NA Permission as Arbitrary and Mala Fide. Tahsildar's Order Set Aside for Being Passed at Behest of Third Party Despite Adverse Civil Court Decrees.

The petitioner, a 61-year-old widow, challenged the order dated 04.03.2015 passed by the Tahsildar, Newasa, cancelling the Non-Agricultural (NA) permi...

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Bombay High Court Dismisses Revision Application in Easementary Right of Way Dispute Involving Waqf Property. Civil Court Retains Jurisdiction Over Declaration of Easementary Rights as Dispute Does Not Relate to Waqf Property or Rights Therein.

The case involves a Civil Revision Application filed by the Kausa Jama Masjid Trust (Defendant-Trust) challenging an order of the Trial Court rejectin...

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Bombay High Court Discharges Court Receiver in Property Dispute, Directs Parties to Pursue Claims Before DRT. Court holds that once a suit is transferred to DRT, the Court Receiver's role ceases and parties must seek remedies before the Tribunal.

This judgment concerns an application filed by the Court Receiver seeking discharge without passing accounts, subject to payment of costs, charges and...

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Bombay High Court Dismisses Tenants' Petitions Challenging Eviction Decree in Suit for Possession Based on Lease Termination. Concurrent Findings of Fact Upheld as No Substantial Question of Law Under Section 115 CPC Arises.

The judgment pertains to three writ petitions filed by tenants (M/s Spring Fresh Drinks Pvt. Ltd., M/s Raskunj, and M/s Kale Gas Company) against the ...

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High Court of Bombay at Goa Dismisses Second Appeal in Permanent Injunction Suit — Concurrent Findings of Fact Not Interfered With. Suit for Injunction Simpliciter Dismissed as Plaintiffs Failed to Prove Possession Over Disputed Strip of Land.

The appellants (original plaintiffs) filed a suit for permanent injunction simpliciter against the respondents (original defendants) claiming that the...

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High Court of Bombay Division Bench Hears Reference on Appealability of Interim Injunction Orders in Regular Civil Appeals. Reference Concerns Whether Order 43 Rule 1(r) CPC Covers Interim Injunctions Granted by First Appellate Courts Under Order 41 CPC.

This matter came before a Division Bench as a reference made by a learned Single Judge of the High Court who doubted the correctness of earlier single...