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Bombay High Court Dismisses Petition Challenging Unconditional Leave to Defend in Summary Suit. Order XXXVII CPC Allows Unconditional Leave if Defendant Raises Triable Issues and Discloses Meritorious Defence.

The petitioner, M/S Kuber Steel Traders, a partnership firm, filed a summary suit (Summary Suit No. 5 of 2015) against the respondent, M/s Yash Enterp...

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RFIRST APPEAL NO. 3732 of 2023

The High Court of Gujarat heard two appeals under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Madhya Gujarat Vij Company Limite...

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Bombay High Court Considers Interim Injunction in Land Allotment Dispute Involving Cooperative Housing Society. Notice of Motion Seeks to Restrain Creation of Third Party Rights Over ~23 Acres Prime Land in Versova, Mumbai.

The judgment text provided only includes the introductory paragraphs outlining the nature of the dispute and the relief sought, without the court's an...

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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Partition Suit. Appellant Failed to Prove Sufficient Cause for Non-Appearance Under Order IX Rule 13 CPC.

The appeal arose from an order of the City Civil Court dismissing the appellant's Notice of Motion to set aside an ex-parte decree in a partition suit...

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Bombay High Court Upholds Relief from Lis Pendens in Specific Performance Suit — Transfer of Property Act Section 52. Court allows defendant to be relieved from lis pendens upon deposit of Rs.8 lakhs, balancing plaintiff's claim with defendant's right to deal with property.

The appeal arises from a judgment of a learned Single Judge dated 13 September 2013 in a motion taken out by the Appellant, the original Plaintiff, du...

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“Mandatory Injunction vs Possession: Supreme Court Clarifies Section 41(h) Specific Relief Act (2026 INSC 61)”“Cloud on Title & Possession: Why Injunction Suit Fails

In Sanjay Paliwal v. Bharat Heavy Electricals Ltd., the plaintiffs sought a mandatory injunction to remove a wall allegedly blocking access to their l...