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Bombay High Court Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Not Disturbed. Suit for Declaration of Ownership and Injunction Dismissed as Barred by Limitation and Failure to Prove Possession.

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment and decree of the District Court, which affirmed ...

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High Court of Karnataka Allows Appeal by Liquidator in Recovery Suit Against Bank for Wrongful Payment After Liquidation — Bank Liable to Pay Fixed Deposit Amount to Liquidator Despite Payment to Company Director After Winding Up.

The plaintiff, Gowribidanur Sahakara Sakkare Karkhane Ltd., a co-operative society under liquidation, filed a suit for recovery of money against India...

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High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint in Property Dispute — Plaint Discloses Cause of Action and Is Not Barred by Limitation. Order VII Rule 11 CPC Application Fails as Court Must Look Only at Plaint Averments and Not Evidence.

The applicant, Mr. Nilesh Sangodkar, filed a Civil Revision Application under Section 115 of the Civil Procedure Code, 1908, challenging the order dat...

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Bombay High Court Allows Second Appeal and Decrees Suit for Possession Entirely in Favor of Original Plaintiff. Persons Named in Fraudulent Mutation Entries and Land Development Bank Are Not Necessary Parties Under Sections 47, 48, and 118(5) of the Maharashtra Cooperative Societies Act, 1960.

The second appeal before the Bombay High Court arose from a suit for declaration and possession of agricultural lands filed by the original plaintiff ...

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Bombay High Court Dismisses Appeal Against Injunction in Specific Performance Suit — Balance of Convenience Favors Plaintiff. Trial Court's Order Restraining Defendant from Creating Third Party Interest Upheld as Plaintiff Established Prima Facie Case and Irreparable Loss.

The appellant, Smt. Manisha Kode, challenged an order dated 24.01.2023 passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No....

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Bombay High Court Dismisses Tenant's Writ Petition Challenging Appellate Bench's Order Setting Aside Rejection of Plaint in Eviction Suit. Transfer of Property Pending Suit Does Not Extinguish Landlord's Cause of Action Under Section 16(1)(a) and (b) of Maharashtra Rent Control Act, 1999.

The case involves a civil writ petition filed under Article 227 of the Constitution of India by the original tenant, Ratnamala Mohan Aklujkar, challen...