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Bombay High Court Reconsiders Promoter's Right to Additional Construction Under MOFA After Supreme Court Remand. Dispute Centers on Whether Section 7A Overrides Flat Purchasers' Consent Requirement for Additional Wings in an Existing Scheme.

The Bombay High Court heard two first appeals remanded by the Supreme Court in a dispute between Madhuvihar Cooperative Housing Society (the society) ...

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Supreme Court Sets Aside High Court Order for Release of Secured Asset on Partial Payment Under SARFAESI Act. The court held that Section 13(8) of the SARFAESI Act, 2002 requires full payment of dues for redemption, and partial payment does not entitle the borrower to reclaim the property.

The dispute arose between a bank, as secured creditor, and a borrower over the enforcement of security interest under the Securitisation and Reconstru...

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Bombay High Court Upholds Amendment of Plaint to Implead Subsequent Purchaser in Specific Performance Suit. Subsequent Purchaser Claiming Under Vendor is a Necessary Party and No Prejudice is Caused by Impleadment.

The appeal arose from an order of a Learned Single Judge allowing a Chamber Summons for amendment of the plaint in a suit for specific performance. Th...

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Bombay High Court Allows Appeal in Property Dispute, Sets Aside Injunction Against Dispossession. Plaintiff Failed to Prove Possession and Suit for Possession Based on Title Was Barred by Limitation.

The present First Appeal arises from a judgment of the City Civil Court, Mumbai, in S.C. Suit No.5551/1990, where the suit was decreed in favor of the...

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High Court Directs BBMP to Consider Apartment Owners' Complaint Against Building Licence Granted Over Common Amenity Area. Undivided Share in Entire Property Conveyed by Sale Deeds Includes Land Reserved for RWHU and STP; Builder Cannot Unilaterally Alter Approved Plan.

The petitioner, Keerthi Harmony Apartment Owners Association, challenged a building licence granted by the Bruhat Bengaluru Mahanagara Palike (BBMP) i...